South Africa Case Law

Innovative Staffing Solutions (Pty) Ltd v Minister of Employment and Labour and Others (JR2749/22)

Innovative Staffing Solutions (Pty) Ltd v Minister of Employment and Labour and Others (JR2749/22) [2025] ZALCJHB 141 (3 April 2025)

Court

Labour Court Johannesburg

Case number

JR2749/22

Judge

Daniels

The court found that the registrar and deputy registrar followed a rational and fair process in determining the representativeness of the parties to the Bargaining Council, as required by the Labour Relations Act. The certificate issued was a valid determination under section 49, and the deputy registrar was lawfully empowered to act under section 108(2) of the LRA. The applicant's arguments regarding the wrong statutory section, discrepancies in figures, lack of independent data sources, and absence of a representation process for non-parties were rejected as lacking substance or statutory b…

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• Collective Bargaining
• Extension Of Collective Agreements
• Representativeness Determination
• Promotion Of Administrative Justice Act
• Majoritarianism
• Delegation Of Statutory Functions

Bargaining Council for the Building Industry (Cape of Good Hope) v Minister of Employment and Labour and Others (C100/2023)

Bargaining Council for the Building Industry (Cape of Good Hope) v Minister of Employment and Labour and Others (C100/2023) [2023] ZALCCT 24; [2023] 8 BLLR 755 (LC); (2023) 44 ILJ 1695 (LC) (26 May 2023)

Court

Labour Court Cape Town

Case number

C100/2023

Judge

Lagrange

The court found that the minister's decision was fundamentally flawed and unlawful because he purported to determine sufficient representativeness himself, contrary to the amended LRA which vests that power in the Registrar. The minister's reasoning was based on an error of law and failed to consider whether not extending the agreement would undermine collective bargaining, a mandatory consideration under section 32(5)(b). The minister also neglected to address the exemption process for non-parties and did not provide adequate reasons for rejecting the bargaining council's motivation. These f…

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• Extension Of Collective Agreements
• Promotion Of Administrative Justice Act
• Ministerial Discretion
• Sufficient Representativeness
• Collective Bargaining
• Judicial Review

Golden Arrow Bus Services (Pty) Ltd and Another v Minister of Employment and Labour and Others (C 409/2021)

Golden Arrow Bus Services (Pty) Ltd and Another v Minister of Employment and Labour and Others (C 409/2021) [2023] ZALCCT 17; [2023] 8 BLLR 775 (LC); (2023) 44 ILJ 1715 (LC) (4 May 2023)

Court

Labour Court Cape Town

Case number

C 409/2021

Judge

Z Lallie

The Labour Court held that the 2021 road passenger transport main collective agreement was not validly concluded in terms of the council’s constitution and set aside the Minister’s extension.

• Extension Of Collective Agreements
• Jurisdictional Requirements
• Procedural Fairness
• Majoritarianism
• Promotion Of Administrative Justice Act
• Labour-law

National Union of Metalworkers of South Africa v Arcelormittal South Africa Limited and Others (JR1051/20)

National Union of Metalworkers of South Africa v Arcelormittal South Africa Limited and Others (JR1051/20) [2021] ZALCJHB 333 (30 September 2021)

Court

Labour Court Johannesburg

Case number

JR1051/20

Judge

Mahosi

The Labour Court held that NUMSA’s dispute concerned enforcement of a plant-level collective agreement under section 33A, and dismissed the review.

• Collective Agreements
• Jurisdictional Review
• Extension Of Collective Agreements
• Co Employment
• Temporary Employment Services
• Labour-law

National Employers Association of South Africa and Another v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (J 947/22)

National Employers Association of South Africa and Another v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (J 947/22) [2020] ZALCJHB 271 (28 September 2020)

Court

Labour Court Johannesburg

Case number

J 947/22

Judge

S Snyman

Leave to appeal was refused after the Labour Court found no reasonable prospects of success on any of the applicants’ grounds.

• Extension Of Collective Agreements
• Leave To Appeal Test
• Bargaining Council Meetings
• Majority Vote Requirement
• Alternative Remedy
• Costs Award

Association of Mineworkers and Construction Union (AMCU) and Others v Royal Bafokeng Platinum Limited and Others (JA23/2017)

Association of Mineworkers and Construction Union (AMCU) and Others v Royal Bafokeng Platinum Limited and Others (JA23/2017) [2018] ZALAC 27; [2018] 11 BLLR 1075 (LAC); (2018) 39 ILJ 2205 (LAC) (26 June 2018)

Court

Labour Appeal Court

Case number

JA23/2017

Judges

Waglay JP, CJ Musi JA, Savage AJA

The court held that the LRA's policy choice of majoritarianism is rational and constitutionally permissible, serving legitimate governmental purposes of orderly collective bargaining, minimising union rivalry, and fostering workplace peace. Section 189(1) lawfully prioritises consultation with representative unions identified in collective agreements, and section 23(1)(d) validly extends collective agreements to non-member employees if statutory requirements are met. Exclusion of minority unions from consultation does not amount to unfair discrimination, as the representative union has a duty…

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• Collective Bargaining
• Retrenchment
• Majoritarianism
• Constitutional Challenge
• Extension Of Collective Agreements
• Procedural Fairness

National Union of Metalworkers of South Africa (NUMSA) obo Members v Transnet Soc Limited and Others (PA16/2016)

National Union of Metalworkers of South Africa (NUMSA) obo Members v Transnet Soc Limited and Others (PA16/2016) [2018] ZALAC 3; [2018] 5 BLLR 488 (LAC) (25 January 2018)

Court

Labour Appeal Court

Case number

PA16/2016

Judges

Coppin, Sutherland, Savage

The Labour Appeal Court dismissed NUMSA’s appeal over Transnet’s non-renewal of fixed-term contracts, finding no proper case for section 189A(13) relief.

• Fixed Term Contracts
• Collective Agreements
• Extension Of Collective Agreements
• Mass Dismissal
• Procedural Fairness
• Locus Standi

Wholesale Housing Supplies (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J1948/17)

Wholesale Housing Supplies (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J1948/17) [2017] ZALCJHB 312 (29 August 2017)

Court

Labour Court Johannesburg

Case number

J1948/17

Judge

Lagrange

Urgent Labour Court interdict over NUMSA strike. The court held wage-renegotiation demands were unprotected, but a demand for bargaining recognition could still be struck for.

• Protected Strike Action
• Collective Bargaining Rights
• Majoritarian Principle
• Extension Of Collective Agreements
• Section 65 Lra
• Urgency Requirements

National Employers' Association of South Africa (NEASA) and Others v Minister of Labour and Others (JR75/15)

National Employers' Association of South Africa (NEASA) and Others v Minister of Labour and Others (JR75/15) [2017] ZALCJHB 136; (2017) 38 ILJ 2034 (LC) (26 April 2017)

Court

Labour Court Johannesburg

Case number

JR 75/15

Judge

Lagrange

The Labour Court found that the Minister of Labour's decisions to extend and renew the bargaining council agreement to non-parties were invalid on two principal grounds: first, the Minister breached her duty to act in a procedurally fair manner by failing to provide affected parties with a reasonable opportunity to make representations and access supporting documents, as required by PAJA; second, the agreement extended by the Minister contained substantive changes not ratified by the Council and was not the same agreement requested for extension, rendering the extension ultra vires section 32…

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• Extension Of Collective Agreements
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Ministerial Discretion
• Exemption Criteria
• Judicial Review

Plastics Convertors Association of South Africa (PCASA) and Others v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2282/16)

Plastics Convertors Association of South Africa (PCASA) and Others v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2282/16) [2017] ZALCJHB 89; (2017) 38 ILJ 2081 (LC) (10 March 2017)

Court

Labour Court Johannesburg

Case number

JR2282/16

Judge

Steenkamp

The Labour Court found that the MEIBC's decision to request the Minister to extend the Registration and Administration Expenses Collective Agreement to non-parties did not comply with the jurisdictional requirements of section 32(1)(b) of the LRA. The employer organisations voting in favour represented, at best, only 36% of the employees employed by members of employer parties to the Council, falling short of the required majority. The purported submission of additional resolutions did not constitute valid votes at the meeting as required by the statute and the Council's constitution. The dec…

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• Extension Of Collective Agreements
• Jurisdictional Facts
• Administrative Action
• Ripeness
• Review Under Lra
• Majoritarian Requirement