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South Africa Case Law

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Labour Law [2023] ZALCD 4

Netcare Hospitals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D 415/21)

Netcare Hospitals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D 415/21) [2023] ZALCD 4; [2023] 8 BLLR 827 (LC) (4 April 2023)

Court
Labour Court Durban
Case number
D 415/21
Judge
Whitcher

Labour Court review of a CCMA wage arbitration award set aside an ATB increase finding after the commissioner misstated the industry average benchmark.

  • Review Of Arbitration Award
  • Wage Dispute
  • Material Error Of Fact
  • Interest Arbitration
  • Remittal To Ccma
  • Review-of-arbitration-award
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Labour Law [2022] ZALAC 114

Working On Fire (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) and Others (DA5/2021)

Working On Fire (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) and Others (DA5/2021) [2022] ZALAC 114; (2022) 43 ILJ 2764 (LAC); [2023] 1 BLLR 39 (LAC) (21 October 2022)

Court
Labour Appeal Court
Case number
DA5/2021
Judges
Waglay JP, Coppin JA, Kathree-Setiloane AJA

Labour Appeal Court upheld a CCMA arbitration award on essential-service wage disputes, finding the arbitrator’s hypothetical approach was a valid exercise of discretion.

  • Essential Services
  • Interest Arbitration
  • Refusal To Bargain
  • Joint And Several Liability
  • Minimum Wage
  • Review Of Arbitration Award
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Labour Law [2021] ZALCJHB 182

National Union of Metal Workers of South Africa v Eskom Holdings SOC Ltd and Others (J735/21)

National Union of Metal Workers of South Africa v Eskom Holdings SOC Ltd and Others (J735/21) [2021] ZALCJHB 182; [2021] 10 BLLR 1049 (LC) (6 July 2021)

Court
Labour Court Johannesburg
Case number
J735/21
Judge
G.N. Moshoana

The Labour Court dismissed NUMSA’s urgent bid to stop Eskom implementing a final offer and changing conditions of service pending arbitration, finding no clear right and an adequate statutory remedy.

  • Interdict Pendente Lite
  • Unilateral Change Of Employment Terms
  • Collective Bargaining
  • Essential Services
  • Stare Decisis
  • Interest Arbitration
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Labour Law [2017] ZALCJHB 146

Eskom Holdings SOC Limited v National Union of Mineworkers and Others (JR538/14)

Eskom Holdings SOC Limited v National Union of Mineworkers and Others (JR538/14) [2017] ZALCJHB 146 (9 May 2017)

Court
Labour Court Johannesburg
Case number
JR538/14
Judge
Baloyi

The Labour Court dismissed Eskom’s leave to appeal, holding there was no reasonable prospect another court would differ on the CCMA’s jurisdiction over labour-broker and bargaining-unit demands.

  • Jurisdiction Of Ccma
  • Collective Bargaining
  • Labour Brokers
  • Interest Arbitration
  • Freedom Of Association
  • Ccma-jurisdiction
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Labour Law [2016] ZALCJHB 508

National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR388/14)

National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR388/14) [2016] ZALCJHB 508; [2017] 4 BLLR 405 (LC) (15 December 2016)

Court
Labour Court Johannesburg
Case number
JR388/14
Judge
Lagrange

Labour Court review of an interest arbitration award over Eskom wages and conditions. The court upheld the award and dismissed the unions’ review.

  • Interest Arbitration
  • Final Offer Arbitration
  • Reasonableness Review
  • Affordability
  • Comparability
  • Collective Bargaining
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.