South Africa Case Law

Unitrans Fuel And Chemical (Pty) Ltd v Transport And Allied Workers Union of South Africa and Another (J1633/10)

Unitrans Fuel And Chemical (Pty) Ltd v Transport And Allied Workers Union of South Africa and Another (J1633/10) [2010] ZALCJHB 359 (8 September 2010)

Court

Labour Court Johannesburg

Case number

J1633/10

Judge

Van Niekerk

The court found that the union's strike was protected as all substantive and procedural requirements under the Labour Relations Act were met. The disputes in question were capable of being the subject of industrial action and remained unresolved at the time the strike notice was issued. The certificate of outcome was not determinative of the nature of the dispute, and the lapse of more than 30 days since referral satisfied the statutory requirements. The applicant's arguments regarding waiver and jurisdiction were rejected due to lack of evidence. The court also declined to award costs, adher…

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• Protected Strike
• Strike Notice Requirements
• Unilateral Change Of Terms
• Conciliation Certificate
• Collective Bargaining
• Costs In Labour Disputes

Lesedi Local Municipality v South African Municipal Workers Union obo Members (JR 435/08)

Lesedi Local Municipality v South African Municipal Workers Union obo Members (JR 435/08) [2008] ZALC 205; (2008) 29 ILJ 2780 (LC) (11 March 2008)

Court

Labour Court

Case number

JR 435/08

Judge

Molahlehi

The Labour Court dismissed an urgent interdict application against a planned strike, holding that the corrected certificate of outcome validly supported protected strike action.

• Protected Strike
• Conciliation Certificate
• Variation Of Award
• Collective Bargaining
• Procedural Fairness
• Protected-strike

Vodacom (Pty) Ltd and Another v Communication Workers Union and Others (J507/2007)

Vodacom (Pty) Ltd and Another v Communication Workers Union and Others (J507/2007) [2007] ZALCJHB 59 (28 May 2007)

Court

Labour Court Johannesburg

Case number

J507/2007

Judge

Rampai

The court held that the union and its members had complied with all statutory prerequisites for a protected strike under section 64(1) of the Labour Relations Act, including the issuance of a conciliation certificate and proper notice to the employer. The applicants did not challenge the validity of the certificate by way of review, nor did they take any steps to set it aside. The principle of legal certainty and public policy requires that administrative acts, such as the conciliation certificate, be given legal effect unless set aside by a court. The applicants' passive stance and failure t…

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• Right To Strike
• Conciliation Certificate
• Organisational Rights
• Interdict
• Collective Bargaining

Vodacom (Pty) Ltd and Another v Communication Workers Union and Others (J507/2007)

Vodacom (Pty) Ltd and Another v Communication Workers Union and Others (J507/2007) [2007] ZALC 106 (28 May 2007)

Court

Labour Court

Case number

J507/2007

Judge

M.H. Rampai

The Labour Court discharged an urgent interdict against a threatened strike, holding the employer had not timeously reviewed the conciliation certificate authorising strike action.

• Organisational Rights
• Conciliation Certificate
• Right To Strike
• Unlawful Strike
• Interdict
• Administrative Law Review

Moore and Others v Telkom SA Limited and Others (C698/01)

Moore and Others v Telkom SA Limited and Others (C698/01) [2002] ZALC 21; [2002] 8 BLLR 761 (LC); (2002) 23 ILJ 1062 (LC) (1 March 2002)

Court

Labour Court

Case number

C698/01

Judge

Waglay

The Labour Court dismissed a review against a CCMA commissioner who removed Telkom as a respondent after a business transfer and severance-pay dispute.

• Severance Pay
• Transfer Of Business
• Jurisdiction Of Ccma
• Unfair Labour Practice
• Section 197 Transfer
• Conciliation Certificate

Bader (Bop) (Pty) Limited and Another v National Bargaining Council and Others (JR197/2001)

Bader (Bop) (Pty) Limited and Another v National Bargaining Council and Others (JR197/2001) [2001] ZALC 132; [2001] 11 BLLR 1209 (LC); (2001) 22 ILJ 2431 (LC) (22 August 2001)

Court

Labour Court

Case number

JR197/2001

Judge

Pillay

The Labour Court set aside an invalid conciliation certificate issued without jurisdiction, and directed the bargaining council to conciliate the dispute within 30 days.

• Conciliation Certificate
• Jurisdiction Of Bargaining Council
• Ultra Vires Action
• Condonation
• Costs Award
• Labour-law

Bader (Bop) (Pty) and Another v National Bargaining Council and Others (JR197/2001)

Bader (Bop) (Pty) and Another v National Bargaining Council and Others (JR197/2001) [2001] ZALCJHB 11 (22 August 2001)

Court

Labour Court Johannesburg

Case number

JR197/2001

Judge

Pillay

The Labour Court set aside a bargaining council conciliation certificate issued without jurisdiction and ordered the dispute to be conciliated within 30 days.

• Jurisdiction Of Bargaining Council
• Conciliation Certificate
• Ultra Vires
• Condonation
• Referral Of Dispute
• Bargaining-council-jurisdiction

Van Wyk v Fibrewound (Pty) Ltd (D117/2000)

Van Wyk v Fibrewound (Pty) Ltd (D117/2000) [2001] ZALC 27 (20 February 2001)

Court

Labour Court

Case number

D117/2000

Judge

Pillay

The Labour Court held that the issuance of a valid certificate of non-resolution by the CCMA is sufficient to meet the jurisdictional requirements for referral to the Labour Court, regardless of whether the dispute should have been conciliated by a bargaining council. The Court found that sections 147(2) and (3) of the LRA grant the CCMA discretion to accept or refer disputes, and this discretion is not limited by section 191(1). The Court further noted that both parties participated in the conciliation without objection, and that the CCMA's policy is to resolve disputes substantively rather…

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• Ccma Jurisdiction
• Bargaining Council
• Unfair Dismissal
• Point In Limine
• Conciliation Certificate

Rustenburg Platinum Mines Ltd v Molefe and Others (J4204/00)

Rustenburg Platinum Mines Ltd v Molefe and Others (J4204/00) [2001] ZALC 20; (2001) 22 ILJ 1406 (LC) (3 February 2001)

Court

Labour Court

Case number

J4204/00

Judge

E Revelas

The court held that while the Labour Relations Act limits the category of persons who may represent parties in arbitration, it does not prohibit an employee from referring a dispute on behalf of other identified employees, particularly where all are clearly listed and have signed the referral form. The court found that there was no prejudice to the applicant, as all employees were properly identified. The arbitrator was correct in joining the 2nd to 15th respondents and issuing the certificate of unresolved dispute. The application to review and set aside the arbitrator’s findings was dismiss…

Source excerpt

• Representation In Ccma
• Mass Dismissal Referral
• Joinder Of Parties
• Conciliation Certificate
• Section 158 Review

Sun International (South Africa) Limited v Commision For Conciliation Mediation And Arbitration and Others (J678/98)

Sun International (South Africa) Limited v Commision For Conciliation Mediation And Arbitration and Others (J678/98) [1999] ZALC 51 (7 April 1999)

Court

Labour Court

Case number

J678/98

Judge

Basson

The Labour Court set aside a CCMA certificate of non-resolution because the commissioner issued it without first considering condonation for a late referral.

• Condonation
• Jurisdiction Of Ccma
• Late Referral
• Conciliation Certificate
• Review Of Arbitration
• Labour-law