South Africa Case Law

Road Accident Fund v National Union of Metalworkers of South Africa (NUMSA) and Another (J283/2024)

Road Accident Fund v National Union of Metalworkers of South Africa (NUMSA) and Another (J283/2024) [2024] ZALCJHB 201; (2024) 45 ILJ 2059 (LC); [2024] 11 BLLR 1183 (LC) (13 May 2024)

Court

Labour Court Johannesburg

Case number

J283/2024

Judge

R G Lagrange

The court found that the strike notice issued by NUMSA was defective as it failed to specify the demands clearly, rendering the intended strike unprotected. The notice was generic and did not provide the RAF with sufficient information to avert the strike, especially in light of NUMSA's press release which expanded the scope of demands beyond those referred to conciliation. The court held that NUMSA's locus standi to call for strike action was not restricted by its scope of membership, as employees may heed a union's call to strike even if not lawful members. The objection regarding the autho…

Source excerpt

• Strike Interdict
• Protected Strike
• Union Scope And Membership
• Defective Strike Notice
• Section 189a Consultation
• Locus Standi

Minister for the Public Service and Administration and Another v National Education, Health and Allied Workers Union and Others (J 281/23)

Minister for the Public Service and Administration and Another v National Education, Health and Allied Workers Union and Others (J 281/23) [2023] ZALCJHB 106 (17 April 2023)

Court

Labour Court Johannesburg

Case number

J 281/23

Judge

Tlhotlhalemaje

The Labour Court dismissed NEHAWU’s leave to appeal against an urgent interdict, finding no reasonable prospects of success and no useful live dispute remained.

• Strike Interdict
• Essential Services
• Leave To Appeal Test
• Defective Strike Notice
• Labour Relations Act Section 65
• Leave-to-appeal