South Africa Case Law

DETAWU obo Tshwili v Bidwest Services (Pty) Ltd t/a Bidwest Prestige Cleaning Services (C725/2021)

DETAWU obo Tshwili v Bidwest Services (Pty) Ltd t/a Bidwest Prestige Cleaning Services (C725/2021) [2023] ZALCCT 42; [2023] 11 BLLR 1183 (LC); (2023) 44 ILJ 2727 (LC) (19 July 2023)

Court

Labour Court Cape Town

Case number

C725/2021

Judge

Rabkin-Naicker

The Labour Court dismissed a jurisdictional point in limine, holding that CCMA conciliation and arbitration are distinct processes and that earlier conciliation rulings did not bar a later arbitration ruling.

• Ccma Jurisdiction
• Res Judicata
• Functus Officio
• Conciliation And Arbitration
• Labour Relations Act
• Ccma-jurisdiction

Mbatha and Others and Pioneer Foods (Pty) Ltd t/a Sasko (JS 31/21)

Mbatha and Others and Pioneer Foods (Pty) Ltd t/a Sasko (JS 31/21) [2023] ZALCJHB 181 (7 June 2023)

Court

Labour Court Johannesburg

Case number

JS 31/21

Judge

M Jolwana

The applicants were dismissed for alleged participation in an unprotected strike and referred their dispute to the CCMA for conciliation, which was unsuccessful on 9 July 2020. The certificate of non-resolution was issued on that date. In terms of section 191(11)(a) of the LRA, the applicants were required to refer their dispute to the Labour Court within 90 days, i.e., by 8 October 2020. The referral was only made on 25 January 2021, well outside the prescribed period, and no condonation application was made. The Labour Court, following the Constitutional Court's decision in F&J Electrical C…

Source excerpt

• Unfair Dismissal
• Jurisdiction Of Labour Court
• Condonation
• Unprotected Strike
• Conciliation And Arbitration

Manyala v MEC of Health, Mpumalanga and Others (JR1187/17)

Manyala v MEC of Health, Mpumalanga and Others (JR1187/17) [2021] ZALCJHB 423 (5 November 2021)

Court

Labour Court Johannesburg

Case number

JR1187/17

Judge

M I Mangena

The Labour Court struck off a review application for lack of jurisdiction because the underlying unfair labour practice dispute had not first been conciliated.

• Unfair Labour Practice
• Jurisdiction
• Conciliation And Arbitration
• Translation Of Rank
• Unfair-labour-practice
• Labour-court-jurisdiction

Selau v Department of Justice and Constitutional Development (J2914/2017)

Selau v Department of Justice and Constitutional Development (J2914/2017) [2021] ZALCJHB 398 (2 November 2021)

Court

Labour Court Johannesburg

Case number

J2914/2017

Judge

Van Niekerk

The Labour Court dismissed an application by a fixed-term employee, holding that disputes about non-renewal, unfair dismissal and unfair labour practice had to go to conciliation and arbitration first.

• Unfair Dismissal
• Fixed Term Contracts
• Jurisdiction
• Legitimate Expectation
• Conciliation And Arbitration
• Labour-law

Adams v National Bargaining Council for the Freight and Logistics Industry and Others (CA2/2019)

Adams v National Bargaining Council for the Freight and Logistics Industry and Others (CA2/2019) [2020] ZALAC 10; [2020] 9 BLLR 867 (LAC); (2020) 41 ILJ 2051 (LAC) (18 May 2020)

Court

Labour Appeal Court

Case number

CA2/2019

Judges

Davis, Sutherland, Murphy

The Labour Appeal Court held that the signature requirement on referral forms serves to prevent unauthorised referrals, but its function is satisfied where the aggrieved employee subsequently participates in the proceedings, thereby ratifying the referral. The Court found that a literalist approach to the rule is inappropriate and that the objectives of the Labour Relations Act require a pragmatic and purposive interpretation. The fact that the referral forms were signed by the attorney, rather than the employee, did not deprive the Council of jurisdiction, as the employee's conduct in partic…

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• Jurisdiction Of Bargaining Council
• Signature Requirement
• Ratification Of Referral
• Representation Rights
• Labour Relations Act
• Conciliation And Arbitration

Johannesburg City Parks & Zoo SOC Limited v South African Municipal Workers Union (SAMWU) and Others (J3519/2018)

Johannesburg City Parks & Zoo SOC Limited v South African Municipal Workers Union (SAMWU) and Others (J3519/2018) [2018] ZALCJHB 424 (20 December 2018)

Court

Labour Court Johannesburg

Case number

J3519/2018

Judge

Tlhotlhalemaje

The court found that the collective agreement of April 2016 was binding on SAMWU and its members across all municipal entities, including the applicant. The agreement expressly settled all disputes regarding job grading, benchmarking, and pay disparities, and prohibited strike action on these issues while it remained in force. Any disputes regarding the interpretation or application of the agreement must be resolved through mediation or arbitration, not industrial action. The respondents' arguments that the agreement did not cover them were rejected based on the plain language and scope of th…

Source excerpt

• Collective Agreement Enforcement
• Limitations On Right To Strike
• Unprotected Strike
• Costs Punitive Order
• Conciliation And Arbitration
• Job Grading Dispute

Department of Health v Dladla and Others (1132/13)

Department of Health v Dladla and Others (1132/13) [2016] ZALCD 28 (7 November 2016)

Court

Labour Court Durban

Case number

1132/13

Judge

Cele

The Labour Court dismissed the Department of Health’s review, upheld the interpretation of a rural allowance collective agreement, and allowed the employees’ partial counter-review.

• Interpretation Of Collective Agreement
• Prescription
• Unfair Labour Practice
• Nursing Allowance
• Conciliation And Arbitration
• Collective-agreement-interpretation

University of KwaZulu-Natal Staff Union obo Members v University of KwaZulu-Natal (D266/2014)

University of KwaZulu-Natal Staff Union obo Members v University of KwaZulu-Natal (D266/2014) [2015] ZALCD 59 (30 September 2015)

Court

Labour Court Durban

Case number

D266/2014

Judge

Cele

The Labour Court found that the dispute essentially concerned allegations of unfair labour practices, which must first be referred to conciliation and arbitration in terms of section 191 of the Labour Relations Act. The existence of pending CCMA proceedings on the same subject matter reinforced the inappropriateness of the application. The Court held that declaratory and interdictory relief was not suitable where alternative statutory remedies were available and that the presence of material disputes of fact made motion proceedings improper. The applicant failed to demonstrate irreparable har…

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• Declaratory Relief
• Interdictory Relief
• Unfair Labour Practice
• Jurisdiction Of Labour Court
• Conciliation And Arbitration
• Performance Management Policy

Scholtz v CCMA and Others (C675/2014)

Scholtz v CCMA and Others (C675/2014) [2015] ZALCCT 45 (25 June 2015)

Court

Labour Court Cape Town

Case number

C675/2014

Judge

A J Steenkamp

The Labour Court dismissed a challenge to a CCMA settlement, finding no undue influence by the commissioner and no reviewable irregularity in his appointment.

• Settlement Agreement Review
• Undue Influence
• Appointment Of Commissioner
• Jurisdiction Of Ccma
• Condonation
• Conciliation And Arbitration

SAMWU v SALGBC and Others (JA 56/13)

SAMWU v SALGBC and Others (JA 56/13) [2015] ZALAC 117 (24 June 2015)

Court

Labour Appeal Court

Case number

JA 56/13

Judges

Waglay, Dlodlo, Setiloane

The Labour Appeal Court held that section 191(5) of the LRA does not give an employee an election to refer a dispute to arbitration after the lapse of 30 days or to await the issue of a certificate of outcome. The right to refer accrues upon the first occurrence of either event, and the referral must be made within a reasonable time, interpreted as 90 days from the lapse of 30 days or the issue of the certificate, whichever occurs first. The appellant acquired the right to refer the dispute to arbitration on expiry of the 30-day period but failed to do so within 90 days and did not seek condo…

Source excerpt

• Unfair Dismissal
• Jurisdiction Of Bargaining Council
• Condonation For Late Referral
• Interpretation Of Lra
• Conciliation And Arbitration
• Reasonable Time For Referral