South Africa Case Law

SOS Protec Sure v South African Revolutionary Allied Workers Union (D955/17)

SOS Protec Sure v South African Revolutionary Allied Workers Union (D955/17) [2017] ZALCJHB 262 (5 July 2017)

Court

Labour Court Johannesburg

Case number

D955/17

Judge

Lagrange

The Labour Court granted partial relief in an urgent strike-interdict application, barring strike action based on a payslip demand but leaving other demands unresolved.

• Strike Interdict
• Unilateral Change Of Employment Terms
• Sectoral Determination
• Basic Conditions Of Employment Act
• Dispute Of Right
• Protected Strike

Public Servants Association and Another v Director General: Office of the Presidency of South Africa and Another (JR2219/11)

Public Servants Association and Another v Director General: Office of the Presidency of South Africa and Another (JR2219/11) [2015] ZALCJHB 78; [2015] 7 BLLR 700 (LC) (5 March 2015)

Court

Labour Court Johannesburg

Case number

JR2219/11

Judge

Molahlehi

The court found that the Director General had a statutory and policy-based duty to allocate 1.5% of the salary budget for performance bonuses and to pay bonuses to employees who qualified after assessment. The refusal to pay bonuses on the basis of lack of funds was not sustainable, as the policy framework anticipated such situations and required scaling down the bonus or tightening criteria, not outright refusal. The right to receive bonuses was sourced in legislation, regulations, and policy, making it a dispute of right. The decision was illegal, irrational, and beyond the powers of the Di…

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• Performance Management
• Public Service Act
• Incentive Policy Framework
• Review Of Administrative Action
• Dispute Of Right
• Legality Review

Food and Allied Workers Union v TSB Sugar RSA Ltd and Others (JA 57/2011)

Food and Allied Workers Union v TSB Sugar RSA Ltd and Others (JA 57/2011) [2013] ZALAC 15; [2013] 10 BLLR 973 (LAC) (13 June 2013)

Court

Labour Appeal Court

Case number

JA 57/2011

Judges

Waglay, Davis, Tlaletsi

The Labour Appeal Court held that the disputes regarding the incentive bonus and funeral benefit were disputes of right, as they concerned the application and interpretation of existing collective agreements and employment conditions. The incentive scheme was governed by agreed rules for the relevant financial year, and the funeral benefit was regulated by collective agreement. As such, the issues were not matters of mutual interest that could be pursued through protected strike action but were subject to resolution by arbitration or the Labour Court. The Labour Court did not err in declaring…

Source excerpt

• Protected Strike
• Collective Agreement
• Dispute Of Right
• Funeral Benefit
• Incentive Scheme

Professional Transport Workers Union and Others v Magnum Security (Pty) Ltd and Another (J3128/01)

Professional Transport Workers Union and Others v Magnum Security (Pty) Ltd and Another (J3128/01) [2001] ZALC 139; [2002] 1 BLLR 80 (LC); (2001) 22 ILJ 2735 (LC) (7 September 2001)

Court

Labour Court

Case number

J3128/01

Judge

Landman

The Labour Court held that a wage dispute over reduced ordinary hours and alleged compulsory overtime could not be decided on paper and referred it to oral evidence.

• Basic Conditions Of Employment Act
• Sectoral Determination
• Contract Of Employment
• Overtime Entitlement
• Mandamus
• Dispute Of Right

Samancor Limited v National Union of Metalworkers of South Africa (NUMSA) and Others (J1060/00)

Samancor Limited v National Union of Metalworkers of South Africa (NUMSA) and Others (J1060/00) [2000] ZALC 33 (22 May 2000)

Court

Labour Court

Case number

J1060/00

Judge

B M Jammy

The Labour Court confirmed an interim interdict against an unprotected strike, holding that the dispute concerned implementation of binding collective agreements and was a dispute of right.

• Collective Agreements
• Protected Strike
• Dispute Of Right
• Dispute Of Interest
• Interdict
• Authority Of Union Representative

Gauteng Provinsiale Administrasie v Scheepers and Others (JA44/99)

Gauteng Provinsiale Administrasie v Scheepers and Others (JA44/99) [1999] ZALAC 29 (1 January 1999)

Court

Labour Appeal Court

Case number

JA44/99

Judges

Conradie, Zondo, Willis

The court held that the respondents were not entitled to the salary and benefits of the higher occupational class simply because they performed duties associated with that class. Statutory provisions and collective agreements did not confer such rights, and the Public Service Act expressly excluded entitlement to higher remuneration in these circumstances. The dispute was one of mutual interest, concerning terms and conditions of employment, and not a dispute of right. The industrial court lacked jurisdiction to adjudicate such disputes, which are to be resolved through collective bargaining.…

Source excerpt

• Unfair Labour Practice
• Dispute Of Right
• Acting Allowance
• Public Service Act
• Collective Agreement