South Africa Case Law

Registrar of Labour Relations and Another v Justice for All Workers of South Africa (JA36/2024)

Registrar of Labour Relations and Another v Justice for All Workers of South Africa (JA36/2024) [2024] ZALAC 64; [2025] 2 BLLR 169 (LAC); (2025) 46 ILJ 351 (LAC) (29 November 2024)

Court

Labour Appeal Court

Case number

JA36/2024

Judges

Savage ADJP, Sutherland JA, Govindjee AJA

The Labour Appeal Court dismissed an appeal against JAWSA’s registration as a trade union, holding the Labour Court correctly assessed genuineness under the LRA.

• Trade Union Registration
• Genuineness Of Union
• Section 111 Appeal
• Collective Bargaining Rights
• Judicial Review Of Administrative Action
• Trade-union-registration

University and Allied Workers Union v Registrar of Labour Relations and Another (C222/2023)

University and Allied Workers Union v Registrar of Labour Relations and Another (C222/2023) [2023] ZALCCT 26 (23 May 2023)

Court

Labour Court Cape Town

Case number

C222/2023

Judge

Moshoana

The court found that the applicant met the requirements for an urgent interim interdict to stay the de-registration pending the outcome of the statutory appeal. The de-registration would cause irreparable harm to the applicant, including loss of statutory council membership and bargaining power, which could not be remedied by re-registration. The court rejected the respondent's argument that prospects of success on appeal were a requirement for a stay, holding that the test is whether real and substantial justice requires a stay. The authority challenge was dismissed as not properly raised. T…

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• Trade Union De Registration
• Interim Interdict
• Urgent Application
• Statutory Appeal
• Collective Bargaining Rights

Solidarity v Sasol Mining (PTY) Ltd and Others (J 638/2022)

Solidarity v Sasol Mining (PTY) Ltd and Others (J 638/2022) [2022] ZALCJHB 163 (20 June 2022)

Court

Labour Court Johannesburg

Case number

J 638/2022

Judge

Van Niekerk

The Labour Court held that Solidarity’s derecognition notice was invalid and interdicted Sasol Mining from ending its bargaining rights pending the CCMA process.

• Union Recognition
• Collective Bargaining Rights
• Interim Interdict
• Urgent Application
• Notice Of Derecognition
• Union-recognition

South African Commercial Catering and Allied Workers Union v Transem (Pty) Ltd (JS1004/16)

South African Commercial Catering and Allied Workers Union v Transem (Pty) Ltd (JS1004/16) [2020] ZALCJHB 14 (30 January 2020)

Court

Labour Court Johannesburg

Case number

JS1004/16

Judge

P Nkutha-Nkontwana

The court found that the dismissals were substantively unfair. The strike was unprotected due to the failure to issue a strike notice, but the employees attempted to comply with the Labour Relations Act and called off the strike after union intervention. The employer's conduct in issuing lockout notices and failing to issue new ultimatums created confusion and provoked further conduct by employees. The actions of the employees after the strike was called off did not amount to a furtherance of the strike but were either misconduct or a result of confusion caused by the employer. The sanction o…

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• Unprotected Strike
• Unfair Dismissal
• Reinstatement
• Proportionality Of Sanction
• Lockout
• Collective Bargaining Rights

National Transport Movement (NTM) and Others v Passenger Rail Agency of South Africa Limited (PRASA) (JA43/16)

National Transport Movement (NTM) and Others v Passenger Rail Agency of South Africa Limited (PRASA) (JA43/16) [2017] ZALAC 71; [2018] 2 BLLR 141 (LAC); (2018) 39 ILJ 560 (LAC) (21 November 2017)

Court

Labour Appeal Court

Case number

JA43/16

Judges

Tlaletsi, Landman, Kathree-Setiloane

The Labour Appeal Court held that PRASA’s dismissals of striking workers were substantively and procedurally unfair and ordered retrospective reinstatement.

• Unfair Dismissal
• Derivative Misconduct
• Procedural Fairness
• Consistency In Dismissal
• Reinstatement
• Collective Bargaining Rights

Wholesale Housing Supplies (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J1948/17)

Wholesale Housing Supplies (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J1948/17) [2017] ZALCJHB 312 (29 August 2017)

Court

Labour Court Johannesburg

Case number

J1948/17

Judge

Lagrange

Urgent Labour Court interdict over NUMSA strike. The court held wage-renegotiation demands were unprotected, but a demand for bargaining recognition could still be struck for.

• Protected Strike Action
• Collective Bargaining Rights
• Majoritarian Principle
• Extension Of Collective Agreements
• Section 65 Lra
• Urgency Requirements

General Domestic And Professional Employers Organisation v Registrar of Labour Relations (J1620/2010)

General Domestic And Professional Employers Organisation v Registrar of Labour Relations (J1620/2010) [2010] ZALCJHB 369 (19 November 2010)

Court

Labour Court Johannesburg

Case number

J1620/2010

Judge

Lagrange

The court held that the Labour Relations Act, read as a whole, demonstrates a clear legislative intention to abrogate the common law principle of automatic suspension of administrative decisions on appeal in the context of deregistration of employer organisations. Section 106(3) unequivocally states that all rights enjoyed by a registered organisation end upon cancellation, and the transitional provisions in Schedule 7 only provided for suspension pending appeal for previously registered organisations. The absence of a similar provision for new registrations cannot be regarded as an oversight…

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• Deregistration Of Employers Organisation
• Automatic Suspension On Appeal
• Interim Relief
• Audi Alterem Partem
• Collective Bargaining Rights

National Union of Mineworkers v De Beers Group Services (Pty) Ltd and Another (J737/09, J726/09, J829/09)

National Union of Mineworkers v De Beers Group Services (Pty) Ltd and Another (J737/09, J726/09, J829/09) [2009] ZALC 222 (24 June 2009)

Court

Labour Court

Case number

J737/09, J726/09, J829/09

Judge

Bhoola

The court held that the respondent issued notices of termination to the applicant's members prematurely, in breach of the statutory time periods prescribed by section 189A(7) and (8) of the Labour Relations Act. The employer failed to wait for the expiry of the required 60-day period and, in the case of Exploration, did not consult with the applicant as required by section 189(1). The court found that compliance with these statutory provisions is peremptory and that notices issued in contravention thereof are invalid and of no force and effect. The applicant's members are entitled to reinstat…

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• Retrenchment Procedure
• Section 189a Lra
• Termination Notice Validity
• Procedural Fairness
• Facilitation In Retrenchment
• Collective Bargaining Rights