South Africa Case Law

Bani and Others v Commission for Conciliation Mediation and Arbitration and Others (PR84/2024)

Bani and Others v Commission for Conciliation Mediation and Arbitration and Others (PR84/2024) [2025] ZALCPE 9 (10 June 2025)

Court

Labour Court Port Elizabeth

Case number

PR84/2024

Judge

M.B. Mahalelo

The Labour Court reviewed and set aside a CCMA award that dismissed a wage-related dispute as prescribed, remitting the matter for rehearing before a different commissioner.

• Prescription Of Labour Claims
• Collective Agreements
• Arbitration Review
• Jurisdiction Of Ccma
• Binding Effect Of Collective Agreements
• Arbitration-review

Association of Mineworkers and Construction Union v Chamber of Mines of South Africa and Others (JA 20/2023)

Association of Mineworkers and Construction Union v Chamber of Mines of South Africa and Others (JA 20/2023) [2025] ZALAC 41 (14 May 2025)

Court

Labour Appeal Court

Case number

JA 20/2023

Judges

Savage, Musi, Jolwana

The Labour Appeal Court refused to allow AMCU to broaden its discrimination claim to include management comparators, and upheld exclusion of related evidence.

• Employment Equity Act
• Unfair Discrimination
• Income Differentials
• Amendment Of Pleadings
• Collective Agreements
• Employment-equity-act

National Bargaining Council for Road Freight and Logistics Industry v Deysel N.O and Others (DA19/2023)

National Bargaining Council for Road Freight and Logistics Industry v Deysel N.O and Others (DA19/2023) [2025] ZALAC 25; (2025) 46 ILJ 1679 (LAC); [2025] 8 BLLR 790 (LAC) (7 April 2025)

Court

Labour Appeal Court

Case number

DA19/2023

Judges

Savage ADJP, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court dismissed an appeal over a bargaining council’s scope, holding no material error of law and finding substantial compliance with NEDLAC consultation.

• Demarcation Dispute
• Collective Agreements
• Scope Of Bargaining Council
• Interpretation Of Registration Certificate
• Ancillary And Incidental Activities
• Consultation With Nedlac

National Health and Allied Workers Union obo Members v Bracks N.O and Others (JR1452/2021)

National Health and Allied Workers Union obo Members v Bracks N.O and Others (JR1452/2021) [2025] ZALCJHB 27; (2025) 46 ILJ 1222 (LC) (23 January 2025)

Court

Labour Court Johannesburg

Case number

JR1452/2021

Judge

A.L. Cook

The Labour Court reviewed an arbitration award and held that Section 198B of the LRA applies to CHW contracts, which were deemed indefinite.

• Fixed Term Contracts
• Collective Agreements
• Section 198b Lra
• Employment Status
• Arbitration Review
• Fixed-term-contracts

HOSPERSA obo Naidoo and Others v MEC Department of Health KZN and Others (DA 8/23)

HOSPERSA obo Naidoo and Others v MEC Department of Health KZN and Others (DA 8/23) [2024] ZALAC 69; (2025) 46 ILJ 933 (LAC); [2025] 5 BLLR 445 (LAC) (23 December 2024)

Court

Labour Appeal Court

Case number

DA 8/23

Judges

Savage, Van Niekerk, Jolwana

The Labour Appeal Court held that the appellant failed to provide a reasonable explanation for the excessive delay in filing the review application, which is fatal to the condonation application. The Court found that the arbitrator correctly interpreted the collective agreement and the ministerial directive, which required ministerial consultation and approval for salary upgrades in the corporate services environment for posts graded at levels 10 and 12 after 1 August 2012. The posts in question are transversal across government departments, necessitating regulatory oversight to ensure consis…

Source excerpt

• Collective Agreements
• Condonation
• Salary Upgrades
• Public Service Act
• Interpretation Of Collective Agreements

FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (Application for Leave to Appeal) (JR62/20)

FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (Application for Leave to Appeal) (JR62/20) [2024] ZALCJHB 465 (22 November 2024)

Court

Labour Court Johannesburg

Case number

JR62/20

Judge

G Mafa-Chali

The Labour Court dismissed FAWU’s unopposed application for leave to appeal, finding no reasonable prospects of success and no other compelling reason.

• Collective Agreements
• Severance Pay
• Contractual Incorporation
• Interpretation Of Agreements
• Leave To Appeal
• Reasonable Prospects Of Success

Skulpad and Another v Department of Health Eastern Cape and Others (PR139/21)

Skulpad and Another v Department of Health Eastern Cape and Others (PR139/21) [2024] ZALCPE 45; [2025] 1 BLLR 70 (LC); (2025) 46 ILJ 193 (LC) (30 October 2024)

Court

Labour Court Port Elizabeth

Case number

PR139/21

Judge

P N Kroon

Section 24 of the Labour Relations Act does not strip employees of their common law right to refer disputes about the application and interpretation of collective agreements. The arbitrator's ruling, which relied on the interpretation that only unions may refer section 24 disputes, was based on flawed precedent and a misreading of the statutory language. The distinction between 'party to the dispute' and 'party to the collective agreement' is clear in the Act, and the broad wording allows employees with a direct and substantial interest to refer such disputes. The exclusion of employees from…

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• Locus Standi
• Collective Agreements
• Interpretation Of Statutes
• Access To Justice
• Constitutional Rights
• Review Of Arbitration Awards

National Union of Metalworkers of South Africa (NUMSA) v Motor Industry Staff Association (MISA) and Others (JA15/2023)

National Union of Metalworkers of South Africa (NUMSA) v Motor Industry Staff Association (MISA) and Others (JA15/2023) [2024] ZALAC 73; (2025) 46 ILJ 109 (LAC) (6 September 2024)

Court

Labour Appeal Court

Case number

JA15/2023

Judges

Musi JA, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court held that the MIBCO constitution does not contain a tacit or implied term that a party whose representivity falls below the 5% threshold automatically ceases to be a member. The Court found that the arbitrator erred in law by importing such a term, as the requirements of obviousness and business efficacy were not met. The constitution's silence on the consequences of falling below the threshold was deliberate, leaving the matter for MIBCO to resolve internally. The Court emphasized that collective agreements are not ordinary contracts and must be interpreted in light o…

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• Collective Agreements
• Implied Terms
• Bargaining Council Membership
• Majoritarianism
• Interpretation Of Collective Agreements

Solidarity obo Members v Eskom Holdings (JS795/2022)

Solidarity obo Members v Eskom Holdings (JS795/2022) [2024] ZALCJHB 356 (5 September 2024)

Court

Labour Court Johannesburg

Case number

JS795/2022

Judge

Prinsloo

The Labour Court granted absolution from the instance in a dispute over Eskom’s reduction of an overtime rate, finding no prima facie contractual breach.

• Collective Agreements
• Specific Performance
• Interpretation Of Contracts
• Absolution From The Instance
• Absolution-from-the-instance
• Contract-interpretation

FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (JR62/20)

FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (JR62/20) [2024] ZALCJHB 360 (3 September 2024)

Court

Labour Court Johannesburg

Case number

JR62/20

Judge

Mafa-Chali

The Labour Court dismissed FAWU’s review of a CCMA award on severance pay, holding the commissioner reasonably interpreted the collective agreements and no oral evidence was required.

• Collective Agreements
• Severance Pay
• Interpretation Of Contracts
• Review Of Arbitration Awards
• Collective-agreements
• Severance-pay