Gibela Rail Transport Consortium (Pty) Ltd v National Transport Movement obo Khumalo and Others (J1180/21) [2021] ZALCJHB 374 (18 October 2021)
Court
Labour Court Johannesburg
Case number
J1180/21
Judge
Tlhotlhalemaje
The Labour Court interdicted a strike based on an old certificate of outcome, holding that the union had delayed unreasonably and needed to restart section 64 procedures.
Motlhamme and Others v Gold Rush Morula and Others (JR1841/18) [2021] ZALCJHB 173 (21 July 2021)
Court
Labour Court Johannesburg
Case number
JR1841/18
Judge
Prinsloo
The Labour Court found that it lacks jurisdiction to review a settlement agreement that has not been made an arbitration award under section 142A of the LRA. The applicants failed to identify any provision in the LRA or other law conferring jurisdiction for the relief sought. The settlement agreement is a contract between the parties, and any challenge to its validity must be based on common law principles of contract, such as duress or misrepresentation, not by way of review. The conduct of the arbitrator during conciliation is not reviewable, as the arbitrator does not exercise statutory de…
Long Beach Homeowners Association v MEC: Economic Development, Environmental Affairs and Tourism (Eastern Cape) and Others (CA316/2017) [2018] ZAECGHC 26; 2020 (2) SA 257 (ECG) (29 March 2018)
Court
Eastern Cape High Court, Grahamstown
Case number
CA316/2017
Judges
Pickering, Roberson, Tokota
The court held that the dispute between the Homeowners and the MEC regarding the conduct of the internal appeal does not fall within the ambit of section 17(3) of NEMA, as it is not a dispute directly concerning the protection of the environment but rather a procedural dispute about the exercise of the MEC's functions. The MEC is not a party to the substantive dispute over environmental authorisation but acts as an arbiter. The court found no basis to suspend the internal appeal proceedings or to refer the matter to conciliation under section 17(3). Regarding costs, the court determined that…
Mthenjwa v State Information Technology Agency and Others (JS801/10) [2015] ZALCJHB 444 (13 November 2015)
Court
Labour Court Johannesburg
Case number
JS801/10
Judge
Cele
The Labour Court held it had jurisdiction over an incentive bonus claim as ancillary to an automatically unfair dismissal claim, and found only one bonus period prescribed.
Public Servants Association and Others v National Union of Home Affairs and Others (JR657/2015) [2015] ZALCJHB 326 (22 September 2015)
Court
Labour Court Johannesburg
Case number
JR657/2015
Judge
Myburgh, AJ
The commissioner erred in finding that the dispute over changes to working hours did not constitute a matter of mutual interest. The Labour Relations Act does not narrowly define matters of mutual interest, and case law confirms that disputes concerning work practices and management prerogative, such as working hours, fall within the employment relationship and are thus matters of mutual interest. The statutory prerogative to regulate working hours does not preclude such disputes from being subject to collective bargaining or conciliation. The bargaining council therefore has jurisdiction to…
BMW South Africa v NUMSA obo Members (J2251/11) [2011] ZALCJHB 204 (14 February 2011)
Court
Labour Court Johannesburg
Case number
J2251/11
Judge
Molahlehi
The court found that NUMSA complied with the procedural requirements for a protected strike under sections 64 and 65 of the Labour Relations Act. The certificate of non-resolution was validly issued, and there was no prohibition in the collective agreement preventing NUMSA from striking over the clarified demand. The true nature of the dispute, as clarified after 16 September 2011, did not fall foul of the NBF agreement or section 65 of the LRA. The prohibition on coercion in clause 8.3.3 of the NBF agreement applies only during the facilitation process and not after deadlock or failure of fa…
South African Airways (Pty) Ltd v South African Transport Allied Workers Union and Others (J120/06) [2006] ZALC 34; [2006] 7 BLLR 688 (LC); (2006) 27 ILJ 1034 (LC) (7 February 2006)
Court
Labour Court
Case number
J120/06
Judge
Elna Revelas
The Labour Court held that a strike by South African Airways employees over Transnet restructuring was unprotected because the airline was not party to the dispute.
Century Casino Caledon (Pty) Ltd t/a Caledon Casino Hotel & Spa v Technical Employees Union of SA (C1163/01) [2001] ZALC 219 (30 November 2001)
Court
Labour Court
Case number
C1163/01
Judge
Landman AA
The Labour Court dismissed an employer’s bid to interdict a strike, holding that the wage-increase issue had been referred and conciliated under the LRA.
