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South Africa Case Law

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Labour Law [2018] ZALCJHB 238

Association of Mineworkers and Construction Union v Anglo American Platinum Ltd and Others (J1833/18)

Association of Mineworkers and Construction Union v Anglo American Platinum Ltd and Others (J1833/18) [2018] ZALCJHB 238; [2018] 11 BLLR 1110 (LC); (2018) 39 ILJ 2280 (LC) (2 July 2018)

Court
Labour Court Johannesburg
Case number
J1833/18
Judge
Van Niekerk

The court found that the contracts of employment, in all their iterations, grant Rusplats the prerogative to determine and change the retirement fund for its employees. The language of the contracts, supported by the employment manual and the rules of the AGPF, clearly allows the employer to nominate a different fund and require employees to transfer. The union's construction was inconsistent with statutory context and would lead to insensible results. The wage agreement's peace obligation does not preclude Rusplats from effecting changes permitted by contract, nor does it impose limitations…

Source excerpt

  • Collective Agreements
  • Unilateral Change Of Employment Terms
  • Retirement Fund Transfer
  • Peace Obligation
  • Duty To Bargain
  • Disclosure Of Documents
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Labour Law [2011] ZALCJHB 82

National Union of Mineworkers and Another v Eskom Holdings SOC Limited (J1934/11)

National Union of Mineworkers and Another v Eskom Holdings SOC Limited (J1934/11) [2011] ZALCJHB 82; (2012) 33 ILJ 669 (LC) (19 September 2011)

Court
Labour Court Johannesburg
Case number
J1934/11
Judge
G N Moshoana

The court found that the applicants failed to satisfy the requirements for an interim interdict, particularly the existence of a clear or prima facie right. The case as pleaded was abandoned, and the case argued was not properly set out in the founding papers. The implementation of the respondent's final wage offer does not amount to the exercise of economic power as contemplated by the Labour Relations Act, which only prohibits strikes and lockouts in essential services. Once the parties have deadlocked, arbitration is a deadlock-breaking mechanism and not part of collective bargaining. The…

Source excerpt

  • Collective Bargaining
  • Interdictory Relief
  • Unilateral Change Of Conditions
  • Essential Services
  • Duty To Bargain
  • Arbitration Of Interest Disputes
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.