South Africa Case Law

Massdiscounters (Pty) Ltd v South African Commercial Catering and Allied Workers Union and Others (D 402/08)

Massdiscounters (Pty) Ltd v South African Commercial Catering and Allied Workers Union and Others (D 402/08) [2008] ZALC 231 (19 June 2008)

Court

Labour Court

Case number

D 402/08

Judge

Cele

The Labour Court dismissed an employer’s bid to interdict protest over biometric scanning, finding the system was introduced unilaterally without proper consultation.

• Unprotected Strike
• Lockout
• Biometric Data In The Workplace
• Interdict
• Consultation With Union
• Biometric-data-in-the-workplace

Massdiscounters (Pty) Ltd v South African Comercial Catering And Allied Workers Union and Others (D402/08)

Massdiscounters (Pty) Ltd v South African Comercial Catering And Allied Workers Union and Others (D402/08) [2008] ZALCD 11 (19 June 2008)

Court

Labour Court Durban

Case number

D402/08

Judge

Cele

The Labour Court dismissed an employer’s bid to stop a dispute over biometric access control, finding no clear right and no basis for final interdict relief.

• Unprotected Strike
• Lockout
• Biometric Data In Workplace
• Final Interdict
• Consultation With Union
• Biometric-data-in-workplace

National Union of Mineworkers and Others v Geffens Diamond Cutting Works (Pty) Ltd (JS363/06)

National Union of Mineworkers and Others v Geffens Diamond Cutting Works (Pty) Ltd (JS363/06) [2007] ZALC 105; (2008) 29 ILJ 1227 (LC) (22 November 2007)

Court

Labour Court

Case number

JS363/06

Judge

R D Hendricks

The court found that the retrenchment of the individual Applicants was both substantively justified and procedurally fair. The Respondent had consulted with UASA, the recognized majority union, which represented the Applicants at the time of retrenchment. There was no legal obligation for the Respondent to consult with NUM, a minority union, or with the individual Applicants personally. The selection criteria, namely last-in-first-out with retention of special skills, were agreed upon with UASA and fairly applied. The evidence showed that the operational requirements necessitated the closure…

Source excerpt

• Retrenchment
• Consultation With Union
• Majoritarianism
• Procedural Fairness
• Substantive Fairness
• Selection Criteria

National Union of Mineworkers v AFGEM Ltd and Others (J581/06)

National Union of Mineworkers v AFGEM Ltd and Others (J581/06) [2006] ZALC 133 (21 April 2006)

Court

Labour Court

Case number

J581/06

Judge

Pillay D

The Labour Court granted NUM urgent relief over an attempted unpaid-leave lockout, ordered reinstatement of employees, and awarded costs against the third respondent.

• Lockout
• Change Of Conditions Of Employment
• Unpaid Leave
• Consultation With Union
• Employer Identity
• Costs Award

NUM v Afgem Ltd and Others (J581/06)

NUM v Afgem Ltd and Others (J581/06) [2006] ZALCJHB 32 (21 April 2006)

Court

Labour Court Johannesburg

Case number

J581/06

Judge

Pillay D

The Labour Court granted NUM urgent relief, finding the respondents failed to consult properly and that the proposed lockout was unlawful.

• Lockout
• Change Of Conditions Of Employment
• Unpaid Leave
• Consultation With Union
• Employer Identity
• Consultation-with-union

Mahlinza and Others v Zulu nyala Game Ranch (Pty) Ltd (D237/2002)

Mahlinza and Others v Zulu nyala Game Ranch (Pty) Ltd (D237/2002) [2003] ZALC 42; [2004] 3 BLLR 245 (LC) (30 April 2003)

Court

Labour Court

Case number

D237/2002

Judge

N P Woodroffe

The Labour Court found the retrenchments procedurally and substantively unfair for failing to consult the affected union and for lack of fair selection evidence.

• Unfair Dismissal
• Retrenchment
• Consultation With Union
• Selection Criteria
• Procedural Fairness
• Substantive Fairness

SACTWU and Others v Rubin Sportswear (C992/2001, C1006/2001, C185/2002, C186/2002)

SACTWU and Others v Rubin Sportswear (C992/2001, C1006/2001, C185/2002, C186/2002) [2002] ZALC 95; (2003) 24 ILJ 429 (LC); [2003] 5 BLLR 505 (LC) (15 November 2002)

Court

Labour Court

Case number

C992/2001, C1006/2001, C185/2002, C186/2002

Judge

Waglay

The court found that the respondent failed to establish that 60 was the normal or agreed retirement age for the applicants. The evidence did not support the existence of a retirement policy at Val Hau, nor did it show that the shopstewards committee agreed to the respondent's proposed retirement age. The respondent's presentation of the policy was not a genuine consultation but a unilateral imposition. The provident fund rules did not stipulate a compulsory retirement age, and the alleged practice at Val Hau was not substantiated. Consequently, the dismissals were based on age and constituted…

Source excerpt

• Automatically Unfair Dismissal
• Retirement Age
• Age Discrimination
• Section 187 Lra
• Consultation With Union

Cloete v Evander Gold Mines Limited (J1152/98)

Cloete v Evander Gold Mines Limited (J1152/98) [2000] ZALC 141; [2001] 4 BLLR 433 (LC) (6 December 2000)

Court

Labour Court

Case number

J1152/98

Judge

Francis

The Labour Court held that Cloete’s retrenchment was procedurally fair because the employer consulted the union under section 189 of the LRA.

• Retrenchment
• Procedural Fairness
• Consultation With Union
• Severance Pay
• Selection Criteria
• Section 189 Lra

Majoro v Blyvooruitzicht Gold Mining (J2907/98)

Majoro v Blyvooruitzicht Gold Mining (J2907/98) [2000] ZALC 109 (29 September 2000)

Court

Labour Court

Case number

J2907/98

Judge

AA Landman

The Labour Court dismissed an employee’s retrenchment challenge, finding the mine had properly consulted the union and followed the retrenchment agreement.

• Retrenchment Procedure
• Procedural Fairness
• Consultation With Union
• Labour-law
• Retrenchment-procedure
• Procedural-fairness

Naidoo v Beier Footwear (D224/99)

Naidoo v Beier Footwear (D224/99) [2000] ZALC 34 (23 May 2000)

Court

Labour Court

Case number

D224/99

Judge

Basson

The Labour Court dismissed an unfair retrenchment claim, finding the dismissal was based on a genuine operational rationale and proper union consultation.

• Retrenchment
• Unfair Dismissal
• Consultation With Union
• Contractual Obligation
• Acquiescence
• Costs Order