South Africa Case Law

Plastics Convertors Association of South Africa (PCASA) and Others v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2282/2016)

Plastics Convertors Association of South Africa (PCASA) and Others v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2282/2016) [2017] ZALCJHB 33 (1 February 2017)

Court

Labour Court Johannesburg

Case number

JR2282/2016

Judge

Prinsloo

The Labour Court expedited a review about extending a collective agreement and barred the Minister from deciding the extension request until the review is finalised.

• Collective Agreements
• Extension Of Agreements
• Interim Interdict
• Review Proceedings
• Urgency
• Separation Of Powers

Sasol Mining (Pty) Ltd v Association of Mineworkers and Construction Union (AMCU) and Another (J1902/16)

Sasol Mining (Pty) Ltd v Association of Mineworkers and Construction Union (AMCU) and Another (J1902/16) [2016] ZALCJHB 408; (2017) 38 ILJ 969 (LC) (25 October 2016)

Court

Labour Court Johannesburg

Case number

J1902/16

Judge

Prinsloo

The Labour Court held that Sasol’s wage agreement was not validly extended to AMCU members under section 23(1)(d) of the LRA, so the strike remained protected.

• Collective Agreements
• Extension Of Agreements
• Protected Strike
• Section 23 1 D Lra
• Section 65 Lra
• Right To Strike

National Union of Metalworkers (NUMSA) obo Members v National Employers Association of South Africa (NEASA) and Another (J2082/14)

National Union of Metalworkers (NUMSA) obo Members v National Employers Association of South Africa (NEASA) and Another (J2082/14) [2014] ZALCJHB 340; (2015) 36 ILJ 743 (LC) (8 September 2014)

Court

Labour Court Johannesburg

Case number

J2082/14

Judge

Lagrange

The Labour Court held that the settlement agreement concluded in the MEIBC and adopted by majority vote as a collective agreement does not automatically bind NEASA and its members, who were non-signatories, unless the agreement is extended by the Minister under section 32 of the LRA or NEASA accedes to the agreement. The MEIBC constitution does not contain a provision that binds all council members to collective agreements adopted by majority vote. Therefore, NEASA and its members are not bound by the agreement and are entitled to pursue a protected lockout in support of their demands. The ap…

Source excerpt

• Collective Agreements
• Protected Lockout
• Extension Of Agreements
• Bargaining Council Constitution
• Urgent Interdict
• Costs Of Two Counsel

Public Servants Association of South Africa v Minister of Safety and Security and Others (JR21744/04)

Public Servants Association of South Africa v Minister of Safety and Security and Others (JR21744/04) [2009] ZALC 128; (2010) 31 ILJ 1471 (LC) (22 December 2009)

Court

Labour Court

Case number

JR21744/04

Judge

Molahlehi

The Labour Court held that a bargaining council agreement was a binding collective agreement and dismissed a review of the arbitration award with costs.

• Collective Agreements
• Binding Effect Of Collective Agreements
• Extension Of Agreements
• Interpretation Of Lra
• Arbitration Review
• Collective-agreements

Bravo Group Sleep Products (Pty) Ltd and Another v CEPPWAWU and Others (J1398/08)

Bravo Group Sleep Products (Pty) Ltd and Another v CEPPWAWU and Others (J1398/08) [2008] ZALCJHB 89 (12 September 2008)

Court

Labour Court Johannesburg

Case number

J1398/08

Judge

Molahlehi

The court found that the constitution of the bargaining council does not provide for automatic binding of collective agreements on non-signatory parties. There was no evidence that the adoption of the collective agreement complied with the procedural requirements of the council's constitution, such as a motion and voting by show of hands. The collective agreement is not binding on CEPPWAWU and its members until the Minister of Labour extends it to non-parties. Consequently, the strike by CEPPWAWU and its members was not unlawful or unprotected under section 65(3) of the Labour Relations Act.…

Source excerpt

• Collective Agreements
• Right To Strike
• Final Interdict
• Bargaining Council Constitution
• Extension Of Agreements
• Unprotected Strike

Bravo Group Sleep Products (Pty) Ltd and Another v CCEPAAWU and Others (J1398/08)

Bravo Group Sleep Products (Pty) Ltd and Another v CCEPAAWU and Others (J1398/08) [2008] ZALC 123; (2009) 30 ILJ 1090 (LC) ; [2009] 2 BLLR 114 (LC) (12 September 2008)

Court

Labour Court

Case number

J1398/08

Judge

Molahlehi

The court found that the constitution of the bargaining council does not provide for the automatic binding of collective agreements on parties who are not signatories. There was no evidence that the procedures required by the council's constitution for adopting a collective agreement by majority vote were followed. As a result, CCEPAWU and its members were not bound by the collective agreement until the Minister of Labour extended its operation to non-parties. The applicants failed to establish a clear right to an interdict against the strike, as the limitation on the right to strike in secti…

Source excerpt

• Collective Agreements
• Right To Strike
• Bargaining Council Constitution
• Final Interdict
• Extension Of Agreements