South Africa Case Law

SACCAWU obo Mokebe and Others v Pick'n Pay Retailers (JA36/16)

SACCAWU obo Mokebe and Others v Pick'n Pay Retailers (JA36/16) [2017] ZALAC 55; [2017] 12 BLLR 1196 (LAC); (2018) 39 ILJ 201 (LAC) (26 September 2017)

Court

Labour Appeal Court

Case number

JA36/16

Judges

Waglay, Kathree-Setiloane, Phatshoane

The Labour Appeal Court found that the dismissals were both procedurally and substantively unfair. The employees participated in an unprotected strike for less than an hour, believing it was protected due to union communication failures. The employer did not issue a written ultimatum as required, nor did it allow individual employees to make representations before dismissal, despite undertaking to do so. The employer acted inconsistently by dismissing only some employees while others who committed the same misconduct received written warnings. The evidence did not support the finding that the…

Source excerpt

• Unprotected Strike
• Dismissal Sanction
• Procedural Fairness
• Consistency In Discipline
• Ultimatum Requirement
• Collective Vs Individual Hearing

Food and Allied Workers' Union and Others v La Visagie and Seun (JS831/13)

Food and Allied Workers' Union and Others v La Visagie and Seun (JS831/13) [2017] ZALCJHB 288 (10 August 2017)

Court

Labour Court Johannesburg

Case number

JS831/13

Judge

Lagrange

The court found that the dismissals were substantively unfair. The initial strike was provoked by confusion and poor communication regarding the implementation of the sectoral determination wage increase and the employer's variation application. The employer failed to notify the union of the formal variation application and did not communicate the outcome of the worker poll or the implications for wages. Although the initial strike was unprotected, the workers heeded the ultimatums and agreed to return to work after the employer provided proof of provisional variation. The subsequent strike o…

Source excerpt

• Unprotected Strike
• Sectoral Determination
• Substantive Fairness
• Dismissal Sanction
• Ultimatum Requirements
• Union Representation

National Union of Mine Workers obo Shayi and Others v Sishen Iron Ore Company (Pty) Ltd (JS318/13)

National Union of Mine Workers obo Shayi and Others v Sishen Iron Ore Company (Pty) Ltd (JS318/13) [2017] ZALCJHB 271 (30 June 2017)

Court

Labour Court Johannesburg

Case number

JS318/13

Judge

Mokoena

The court found that the applicants participated in an unprotected strike in breach of an existing collective agreement. The evidence showed that disciplinary notices were adequately served through multiple channels, and NUM, the union, was aware of the proceedings and requested postponements. The applicants were afforded the right to appeal, and no credible evidence was presented to show that the process was unfair. The strike was violent, caused significant financial loss, and irreparably damaged the trust relationship. The respondent offered amnesty, which was refused. The dismissals were…

Source excerpt

• Unprotected Strike
• Procedural Fairness
• Substantive Fairness
• Collective Agreement
• Disciplinary Process
• Dismissal Sanction

Robor (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR463/2016)

Robor (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR463/2016) [2016] ZALCJHB 137 (8 April 2016)

Court

Labour Court Johannesburg

Case number

JR 463/2016

Judge

Lagrange

The Labour Court reviewed and set aside an arbitration award, finding the commissioner misread gross negligence and unreasonably reinstated an employee after serious misconduct.

• Review Of Arbitration Award
• Gross Negligence
• Dismissal Sanction
• Trust Relationship
• Remedies For Unfair Dismissal
• Review-of-arbitration-award

South African Transport And Allied Workers Union (SATAWU) and Others v Maxi Strategic Alliance (Pty) Ltd (JS572/05)

South African Transport And Allied Workers Union (SATAWU) and Others v Maxi Strategic Alliance (Pty) Ltd (JS572/05) [2008] ZALCJHB 72 (21 August 2008)

Court

Labour Court Johannesburg

Case number

JS572/05

Judge

Pillay D

The Labour Court dismissed SATAWU members’ challenge to dismissals for an unprotected strike, finding the conduct misconduct and the dismissal sanction fair.

• Unprotected Strike
• Disciplinary Procedure
• Dismissal Sanction
• Consistency In Penalty
• Intimidation
• Costs Order