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South Africa decisions
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Ngcaba v Commission for Conciliation, Mediation and Arbitration (C214/2022) [2024] ZALCCT 44 (9 October 2024)
The Labour Court held that Ngcaba was entitled to be paid at the 80th percentile of salary level P06. His tacit-term claim failed, but the wage agreement claim succeeded.
Eskom Holdings SOC Ltd v National Union of Mineworkers and Others (JA78/18) [2020] ZALAC 2; [2020] 4 BLLR 362 (LAC); (2020) 41 ILJ 1129 (LAC) (6 January 2020)
The Labour Appeal Court held that Eskom’s salary increase letters were not duly authorised, so no valid contract arose and the employees’ claim failed.
Furniture Bargaining Council v AXZS Industries (Pty) Ltd Trading as Don Elly Enterprises (2018/40163) [2019] ZAGPJHC 457; [2020] 1 All SA 391 (GJ); 2020 (2) SA 215 (GJ) (11 October 2019)
The court held that the commencement of a voluntary winding-up after the initiation of a compulsory winding-up application does not prevent the court from granting a compulsory winding-up order. The compulsory winding-up is deemed to have commenced at the date of the application, and any subsequent voluntary winding-up is ineffective and void. The Respondent's conduct in commencing a voluntary winding-up was found to be an abuse of process intended to frustrate the compulsory winding-up and avoid investigation into possible wrongdoing. The court found the Respondent to be commercially insolve…
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Teti Traffic (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J558/19) [2019] ZALCJHB 377 (14 May 2019)
The court found that the union and its official Manyoni acted in blatant disregard of the binding substantive agreement by resurrecting settled demands and persisting with a strike notice, despite being aware that the issues had been resolved. Their conduct compelled the applicant to seek urgent relief and undermined the collective bargaining relationship. The interests of law and fairness required a costs order against the first and second respondents to ensure the applicant was not prejudiced by the respondents' egregious conduct. The rule nisi was confirmed, and costs were awarded jointly…
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City of Johannesburg Metropolitan Municipality v South African Municipal Workers Union and Others (J2582/15) [2015] ZALCJHB 437 (28 December 2015)
Labour Court held pay progression was not a lawful strike issue, but allowance demands were separable and could be pursued in a protected strike.
South African Municipal Workers Union v EThekwini Municipality and Others (1973/2013) [2015] ZAKZDHC 31 (9 April 2015)
The court found that the applicant's claims regarding the appointment of the fourth respondent and the failure to institute disciplinary proceedings had already been adjudicated through arbitration and related proceedings in the appropriate forum, namely the Bargaining Council and Labour Court. The arbitrator's award was final and binding, and the applicant had not challenged it nor pursued available remedies such as contempt proceedings. The court held that the applicant was attempting to relitigate matters already decided, amounting to forum-shopping, which is impermissible. The principle o…
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National Union of Mineworkers v Lonmin Platinum and Another (J 1118/2013) [2013] ZALCJHB 139; [2013] 10 BLLR 1029 (LC); (2014) 35 ILJ 486 (LC) (15 July 2013)
The court found that NUM failed to act timeously to assert its rights when it became aware of the shift in membership and did not provide sufficient evidence of coercion or inability to recruit during the 90-day period. The evidence presented was insufficient to establish that NUM could not feasibly attempt to restore its majority status. The CCMA process provides an adequate remedy for the dispute over the validity of revocation notices. Granting the relief sought would impose union membership on employees who had validly revoked their NUM membership, infringing their freedom of association.…
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Minister of Public Service and Administration v Ngwenya (645/2011) [2012] ZASCA 109 (29 August 2012)
The Supreme Court of Appeal held that a court cannot amend a collective bargaining agreement or ministerial determination without a statutory or constitutional basis.
ADT Security (Pty) Ltd v South African Transport and Allied Workers Union and Others (J 2939/11) [2012] ZALCJHB 16; (2012) 33 ILJ 2061 (LC) (28 February 2012)
The court held that the respondents are prohibited from embarking on strike action because the issue in dispute—wage increases—is regulated by a binding collective agreement and sectoral determination. The agreement requires that all wage-related negotiations occur at national level, and prohibits raising such issues at regional or local level. Section 65 of the LRA prohibits strike action not only where the substantive issue is regulated, but also where the process for resolving the issue is governed by agreement. The authorities relied upon by the respondents address the substantive distinc…
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Ngidi v Minister of Home Affairs and Others (1481/07) [2011] ZAECMHC 16 (23 September 2011)
The court held that the applicant's dismissal from public sector employment did not constitute administrative action as defined by PAJA or section 33 of the Constitution. The dispute arose from the employment relationship and was governed by the Labour Relations Act and the collective bargaining agreements between the applicant's union and the respondent. The court found that the proper forum for such disputes is the bargaining council, where conciliation and arbitration procedures are prescribed. The High Court's jurisdiction was not established, as the matter did not involve the implementat…
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