South Africa Case Law

Bam and Others v BME (a member of Omnia Group (Pty) Ltd) (JS1181/2013)

Bam and Others v BME (a member of Omnia Group (Pty) Ltd) (JS1181/2013) [2021] ZALCJHB 419 (17 November 2021)

Court

Labour Court Johannesburg

Case number

JS1181/2013

Judge

Lagrange

The court found that the strike was unprotected, as established by prior court orders and the collective agreement prohibiting industrial action on wages and substantive conditions during its term. The employer issued multiple ultimatums and provided opportunities for engagement, but the applicants remained inflexible and did not unconditionally tender their services. The wage demands were opportunistic and unreasonable, and the applicants failed to communicate any intention to return to work. The employer's actions complied with statutory requirements for dismissal in the context of mass ind…

Source excerpt

• Unprotected Strike
• Strike Dismissal
• Procedural Fairness
• Substantive Fairness
• Collective Bargaining
• Compensation For Damages

New Reclamation Group (Pty) Ltd v Jacobs (21/CR/Mar11)

New Reclamation Group (Pty) Ltd v Jacobs (21/CR/Mar11) [2011] ZACT 66; [2011] 2 CPLR 375 (CT) (5 September 2011)

Court

Competition Tribunal

Case number

21/CR/Mar11

Judges

Takalani Madima, Andreas Wessels, Andiswa Ndoni

The Tribunal struck out a self-referral complaint for lack of a proper cause of action and ordered costs against Jacobs.

• Abuse Of Dominance
• Exclusionary Conduct
• Intermediate Merger Notification
• Jurisdiction Of Tribunal
• Compensation For Damages
• Costs Award