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South Africa decisions
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NUM and Others v Power Construction (Pty) Ltd (C85/2014) [2016] ZALCCT 24; (2017) 38 ILJ 227 (LC) (27 July 2016)
The Labour Court held that dismissals for a three-day unprotected strike were substantively and procedurally fair, despite the absence of a formal hearing.
Southern African Clothing And Textile Workers Union v Wayne Plastics, A Division of Feltex Holdings (Pty) Ltd (JS830/2011) [2014] ZALCJHB 448 (14 July 2014)
The Labour Court held that dismissals over a go-slow and an unprotected strike were substantively unfair, but refusal of reinstatement and award of compensation was justified.
National Union of Mineworkers obo Employees and Others v Commission for Conciliation Mediation and Arbitration and Others (CA11/2007) [2011] ZALAC 7; [2012] 1 BLLR 22 (LAC); (2011) 32 ILJ 2104 (LAC) (1 April 2011)
The court held that the employees' refusal to work constituted a strike as defined by section 213 of the Labour Relations Act, and that the strike was unprotected due to non-compliance with section 64. However, the dismissal of the employees was not automatically justified by the unprotected nature of the strike. The employer's unilateral and wrongful deduction of wages was a significant factor, and the employees' response was peaceful and limited in duration and impact. The arbitrator failed to properly weigh the factors in favour of the employees, including the employer's breach, the absenc…
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Masilela and Others v Reinhardt Transport and Others (JS38/07) [2010] ZALC 99; (2010) 31 ILJ 2942 (LC) (19 May 2010)
The court found that the applicants' conduct constituted an unprotected strike as defined in section 213 of the LRA, since they refused to work unless their demands were met and did not comply with procedural requirements for a protected strike. The employer issued clear and unambiguous ultimatums, provided sufficient time for compliance, and offered opportunities for representations. The dismissals were effected only after the applicants persisted in their refusal to work and ignored advice from their union and shop stewards. The court held that the dismissals were substantively and procedur…
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National Union of Leather And Allied Workers Union and Others v Bader Bop (Pty) Ltd and Others (JS 1021/01) [2004] ZALC 51; [2004] 8 BLLR 799 (LC); (2004) 25 ILJ 1469 (LC) (30 June 2004)
Labour Court held that dismissals of workers who took part in an unprotected strike were procedurally and substantively fair after a clear ultimatum and opportunity to return to work.
SACCAWU and Others v Cash Paymaster Services (Pty) Ltd (J3104/99) [2000] ZALC 48 (19 June 2000)
The Labour Court refused condonation for a late referral after an unprotected-strike dismissal, finding the delay poorly explained, weak prospects and likely prejudice.
Nkutha and Others v Fuel Gas Installations (Pty) Ltd (J 350/98) [1999] ZALC 165 (22 November 1999)
The Labour Court found union-member discrimination in salary increases and promotions, but held the applicants’ dismissal for an unprotected strike was fair.
Hazely Piggeries Workers v Hazely Piggeries (C374/98) [1999] ZALC 149 (23 September 1999)
The Labour Court held that workers’ strike was unprotected, upheld their dismissal as fair, and dismissed the application.
Steel Mining And Commercial Workers Union and Others v Brano Industries (Pty) Limited and Others (J1428/99) [1999] ZALC 147 (17 September 1999)
The Labour Court found that workers participated in an unprotected strike and that their dismissal was substantively and procedurally fair.
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