South Africa Case Law

Bothaville Milling (Pty) Ltd t/a Thuso Mills v National Emancipated & Allied Workers Union of South Africa ("NEAWUSA") and Others (2657/2021)

Bothaville Milling (Pty) Ltd t/a Thuso Mills v National Emancipated & Allied Workers Union of South Africa ("NEAWUSA") and Others (2657/2021) [2021] ZAFSHC 232 (5 October 2021)

Court

Free State High Court, Bloemfontein

Case number

2657/2021

Judge

C L Page

The High Court confirmed a rule nisi interdicting unlawful conduct during industrial action, holding it had concurrent jurisdiction over alleged rights violations.

• Final Interdict
• Jurisdiction Of High Court
• Industrial Action
• Malicious Damage To Property
• Intimidation
• Violation Of Fundamental Rights

Royal Mnandi (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR3006/2012)

Royal Mnandi (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR3006/2012) [2014] ZALCJHB 195 (28 May 2014)

Court

Labour Court Johannesburg

Case number

JR3006/2012

Judge

D H Gush

Labour Court review dismissed after finding the arbitrator reasonably upheld the employees’ unfair-dismissal claim arising from unprotected industrial action.

• Unfair Dismissal
• Review Of Arbitration Award
• Gross Irregularity
• Industrial Action
• Insubordination
• Labour-law

IMATU obo Members v Johannesburg Metropolitan Municipality and Others (J1522/14)

IMATU obo Members v Johannesburg Metropolitan Municipality and Others (J1522/14) [2013] ZALCJHB 342 (30 June 2013)

Court

Labour Court Johannesburg

Case number

J1522/14

Judge

Tlhotlhalemaje

The court found that the applicants failed to act with the required haste and their urgency was self-created. The timeline of events showed that the applicants delayed unreasonably after the lock-out and after receiving clear indications from the employer that the new shift system would be implemented. The court held that the applicants did not have a contractual or vested right to the previous shift system, and their refusal to work in accordance with the new system constituted unprotected industrial action. The application was ill-conceived and amounted to an abuse of the court process. Acc…

Source excerpt

• Lock Out
• Urgent Interdict
• Industrial Action
• Shift System
• Unprotected Strike

National Union of Mineworkers Union and Others v Eberspacher South Africa (Pty) Ltd (P1022/2001)

National Union of Mineworkers Union and Others v Eberspacher South Africa (Pty) Ltd (P1022/2001) [2003] ZALC 162; (2003) 24 ILJ 1704 (LC); [2003] 8 BLLR 804 (LC) (2 April 2003)

Court

Labour Court

Case number

P1022/2001

Judge

Ndlovu

The court found that the employer's delay in filing the Statement of Defence was partly due to a misunderstanding of procedure and confusion regarding the absence of Annexure 'A' from the Statement of Case. While the employer and its attorney were at fault for the delay, the Union's failure to clearly provide the annexure also contributed. The court held that the importance of the matter to the employer and the prima facie strong prospects of success in the main action compensated for the lengthy delay. The court exercised its discretion to grant condonation, emphasizing that each case must b…

Source excerpt

• Condonation
• Late Filing Of Documents
• Prospects Of Success
• Unfair Dismissal
• Industrial Action

SACWTU v Coats SA (Pty) Limited (D124/2001)

SACWTU v Coats SA (Pty) Limited (D124/2001) [2001] ZALC 18; [2001] 8 BLLR 971 (LC); (2001) 22 ILJ 1413 (LC) (2 February 2001)

Court

Labour Court

Case number

D124/2001

Judge

Pillay

The Labour Court held that section 76(1)(b) of the LRA does not prohibit an employer from using existing employees to do locked-out workers’ duties.

• Lockout
• Section 76 Lra
• Interpretation Of Statute
• Industrial Action
• Labour-relations-act
• Statutory-interpretation

South African Commercial Catering and Allied Workers Union and others v Irving & Johnson Limited (CA10/98)

South African Commercial Catering and Allied Workers Union and others v Irving & Johnson Limited (CA10/98) [1999] ZALAC 7; 2002 (3) SA 250 (LAC) (25 May 1999)

Court

Labour Appeal Court

Case number

CA10/98

Judges

Conradie, Froneman, Nicholson

The Labour Appeal Court held that mass demonstrations were intimidatory and disruptive, justified dismissal, and reinstated dismissal across all relevant appellants.

• Unfair Dismissal
• Disciplinary Consistency
• Industrial Action
• Intimidation
• Collective Bargaining
• Union Rivalry

South African National Security Employers Association v Transport and General Workers Union (JA17/98)

South African National Security Employers Association v Transport and General Workers Union (JA17/98) [1998] ZALAC 4 (5 March 1998)

Court

Labour Appeal Court

Case number

JA17/98

Judges

Myburgh JP, Froneman DJP, Kroon JA

The court held that the unions' strike was protected under the Labour Relations Act, 66 of 1995. The dispute concerned wage demands for the 1998/1999 period, which were not regulated by the 1997/1998 collective agreement. The Act does not prohibit industrial action regarding issues not covered by the operative agreement. The right to strike is constitutionally protected and should not be limited by implication. Clause 2 of the 1997/1998 agreement did not create an absolute peace obligation barring strikes for future wage demands. The established practice of negotiating and, if necessary, stri…

Source excerpt

• Protected Strike
• Collective Agreement
• Peace Obligation
• Interpretation Of Labour Relations Act
• Collective Bargaining
• Industrial Action

National Union of Mine Workers and Others v Free State Consolidated Gold Mines (287/93)

National Union of Mine Workers and Others v Free State Consolidated Gold Mines (287/93) [1995] ZASCA 109; 1996 (1) SA 422 (SCA); [1995] 12 BLLR 8 (AD); (1995) 16 ILJ 1371 (A) (21 September 1995)

Court

Supreme Court of Appeal

Case number

287/93

Judges

Joubert, Hefer, Nestadt, F H Grosskopf, Scott

The court held that dismissals for participating in a stay-away were unfair labour practices because dismissal was too harsh; reinstatement was ordered.

• Unfair Dismissal
• Collective Action
• Progressive Discipline
• Industrial Action
• Reinstatement
• Labour Relations Act