South Africa Case Law

Transvaal Clothing Manufacturers Association and Others v Minister of Employment and Labour and Others (C216/2020)

Transvaal Clothing Manufacturers Association and Others v Minister of Employment and Labour and Others (C216/2020) [2021] ZALCCT 7; (2021) 42 ILJ 1529 (LC) (10 May 2021)

Court

Labour Court Cape Town

Case number

C216/2020

Judge

H Rabkin-Naicker

The court found that the Minister extended the UIF II collective agreement to non-parties without the jurisdictional facts required by section 32(1) of the LRA, specifically the absence of a vote at a council meeting. The Council's constitution and practice did not comply with the statutory requirement for a vote, and the Minister acted on incorrect submissions regarding the process. The distinction between the conclusion of a collective agreement and its extension to non-parties was underlined, with the latter requiring strict compliance with section 32. As the jurisdictional prerequisites w…

Source excerpt

• Extension Of Collective Agreement
• Jurisdictional Facts
• Administrative Action Review
• Collective Bargaining
• Procedural Fairness

Association of Mineworkers and Construction Union v Sibanye Gold Limited t/a Sibanye Stillwater and Others (J 353/19; J 380/19)

Association of Mineworkers and Construction Union v Sibanye Gold Limited t/a Sibanye Stillwater and Others (J 353/19; J 380/19) [2019] ZALCJHB 89; (2019) 40 ILJ 1607 (LC); [2019] 8 BLLR 802 (LC) (20 March 2019)

Court

Labour Court Johannesburg

Case number

J 353/19; J 380/19

Judge

Prinsloo

The court held that section 23(1)(d) of the Labour Relations Act does not require that the extension of a collective agreement to non-party employees be incorporated at the time of the agreement's conclusion. The extension may be effected subsequently, provided the majority threshold and other statutory requirements are met. The retrospective application of the extension is permissible, and once extended, the collective agreement binds non-party employees as if they were parties to the agreement. The deprivation of the right to strike is a lawful consequence of majoritarianism, and AMCU membe…

Source excerpt

• Collective Bargaining
• Extension Of Collective Agreement
• Majoritarianism
• Right To Strike
• Peace Clause
• Retrospective Application

Sibanye Gold Limited t/a Sibanye Still Water v Association of Mineworkers and Construction Union and Another (J4552/18)

Sibanye Gold Limited t/a Sibanye Still Water v Association of Mineworkers and Construction Union and Another (J4552/18) [2018] ZALCJHB 427; [2019] 6 BLLR 578 (LC) (21 December 2018)

Court

Labour Court Johannesburg

Case number

J4552/18

Judge

Tlhotlhalemaje

The Labour Court dismissed Sibanye Gold’s urgent bid to declare a strike unprotected, finding serious doubt about union membership figures used to extend a wage agreement.

• Extension Of Collective Agreement
• Majority Union Membership
• Protected Strike
• Interim Interdict
• Audi Alteram Partem
• Costs Order

National Employers' Association of South Africa (NEASA) and Another v Minister of Labour and Others (J1475/15)

National Employers' Association of South Africa (NEASA) and Another v Minister of Labour and Others (J1475/15) [2018] ZALCJHB 55 (15 February 2018)

Court

Labour Court Johannesburg

Case number

J1475/15

Judge

Lagrange

The Labour Court set aside a ministerial extension of a bargaining council administration agreement, finding the jurisdictional requirements in section 32 of the LRA were not met.

• Extension Of Collective Agreement
• Jurisdictional Prerequisites
• Procedural Fairness
• Exemption Criteria
• Ministerial Discretion
• Labour-relations-act

South African Airways (SOC) Ltd v South African Cabin Crew Association and Others (J949/17)

South African Airways (SOC) Ltd v South African Cabin Crew Association and Others (J949/17) [2017] ZALCJHB 158 (10 May 2017)

Court

Labour Court Johannesburg

Case number

J949/17

Judge

S Snyman

The Labour Court confirmed an interdict stopping an unprotected strike over meal allowances, finding the issue was regulated by a binding collective agreement.

• Collective Bargaining
• Strike Interdict
• Extension Of Collective Agreement
• Protected Strike
• Section 65 Lra
• Section 23 Lra

UASA - Union and Another v Anglo American Platinum Ltd and Others (J2584/16)

UASA - Union and Another v Anglo American Platinum Ltd and Others (J2584/16) [2016] ZALCJHB 425 (7 November 2016)

Court

Labour Court Johannesburg

Case number

J2584/16

Judge

Lagrange

The Labour Court held that a wage agreement with a majority union was valid without all forum parties signing, and dismissed the urgent application.

• Collective Bargaining
• Extension Of Collective Agreement
• Dispute Resolution
• Jurisdiction Of Labour Court
• Collective-bargaining
• Collective-agreements

Putco (Pty) Limited v Transport And Allied Workers Union of South Africa and Another (JA106/13)

Putco (Pty) Limited v Transport And Allied Workers Union of South Africa and Another (JA106/13) [2015] ZALAC 14; [2015] 8 BLLR 783 (LAC); (2015) 36 ILJ 2048 (LAC) (5 May 2015)

Court

Labour Appeal Court

Case number

JA106/13

Judges

Musi, Murphy, Dlodlo

The Labour Appeal Court held that the Labour Court erred in resolving factual disputes regarding participation in the strike on the papers without referring the matter to oral evidence, as required by the Plascon-Evans rule. The Court found that the lock-out was lawfully instituted against all employees in the bargaining unit, including members of the first respondent, because the wage negotiations and resultant collective agreement at the bargaining council affected all employees, and the majoritarian principle applied. The employer was entitled to lock-out all employees who did not accept i…

Source excerpt

• Lock Out
• Collective Bargaining
• Majoritarianism
• Strike Notice
• Protected Strike
• Extension Of Collective Agreement

National Employers Association of South Africa and Others v Minister of Labour Metal And Engineering and Others (JR860/13)

National Employers Association of South Africa and Others v Minister of Labour Metal And Engineering and Others (JR860/13) [2014] ZALCJHB 524 (12 December 2014)

Court

Labour Court Johannesburg

Case number

JR860/13

Judge

Watt-Pringle

The Court found that the agreement submitted to the Minister on 14 January 2013 was not a collective agreement properly concluded under the auspices of the Bargaining Council, nor was there a valid resolution requesting its extension to non-parties. The purported amendment was not effected in accordance with the Bargaining Council’s constitution or the law of contract. The postal ballot did not remedy the absence of a valid agreement or resolution. Section 206 of the LRA does not cure the total absence of a valid agreement. Consequently, the Minister acted ultra vires section 32 of the LRA in…

Source excerpt

• Extension Of Collective Agreement
• Ultra Vires
• Promotion Of Administrative Justice Act
• Collective Bargaining
• Procedural Irregularity

Chamber of Mines of South Africa v AMCU and Others (J 99/14)

Chamber of Mines of South Africa v AMCU and Others (J 99/14) [2014] ZALCJHB 13; [2014] 3 BLLR 258 (LC) (30 January 2014)

Court

Labour Court Johannesburg

Case number

J 99/14

Judge

Cele

The court found that the applicant had established that the various mining operations of Harmony, AngloGold Ashanti, and Sibanye constituted single workplaces for each entity, based on centralised management, policies, and collective bargaining structures. The majority unions (NUM, Solidarity, and UASA) held majority representation at each workplace at the time of the wage agreement. The wage agreement was validly extended to non-party employees, including AMCU members, under section 23(1)(d) of the LRA. The constitutional right to strike, while protected, may be limited by national legislati…

Source excerpt

• Collective Bargaining
• Extension Of Collective Agreement
• Right To Strike
• Majoritarian Principle
• Interim Interdict
• Workplace Definition

National Entitled Workers Union and Others v Metal & Engineering Industries Bargaining Council (Transvaal Region) and Others (J440/01)

National Entitled Workers Union and Others v Metal & Engineering Industries Bargaining Council (Transvaal Region) and Others (J440/01) [2001] ZALC 136; [2002] 1 BLLR 62 (LC); (2001) 22 ILJ 2689 (LC) (29 August 2001)

Court

Labour Court

Case number

J440/01

Judge

L Gering

The Court found that the dispute referred was a single dispute concerning the employer's refusal to bargain on matters of mutual interest, based on its interpretation of the collective agreement. The refusal to issue an advisory award by the conciliator rendered him functus officio. The Labour Court, applying purposive interpretation, held that the statutory requirement for an advisory award under section 64(2) must be given effect to avoid rendering the dispute resolution mechanism unworkable. The Court ordered the Bargaining Council to appoint a new conciliator to issue an advisory award wi…

Source excerpt

• Refusal To Bargain
• Advisory Award
• Collective Agreement Interpretation
• Strike Procedure
• Extension Of Collective Agreement