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South Africa decisions
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Mokgatla and Others v South African Municipal Workers Union and Others (14515/2014) [2015] ZAKZDHC 12 (20 February 2015)
The court discharged a rule nisi against a union, finding the applicants no longer held office entitling them to attend CEC or FINCOM meetings.
Mokgatla and Others v South African Municipal Workers Union and Others (21815/2014) [2014] ZAGPJHC 276 (29 September 2014)
The High Court has jurisdiction to adjudicate claims based on breach of contract arising from non-compliance with a trade union's constitution, provided the applicants do not rely on statutory remedies under the Labour Relations Act. The applicants' cause of action is founded exclusively on the unlawfulness of the respondents' conduct in failing to adhere to the union's constitution, not on unfair labour practices or statutory rights. The respondents did not contest the factual allegations or the merits, focusing only on jurisdiction. The sixth, eighth, and sixteenth applicants, being employe…
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