South Africa Case Law

National Bargaining Council For Road Freight and Logistics Industry v Deyzel NO (D236/2020)

National Bargaining Council For Road Freight and Logistics Industry v Deyzel NO (D236/2020) [2023] ZALCD 7 (31 August 2023)

Court

Labour Court Durban

Case number

D236/2020

Judge

GN Moshoana

Labour Court dismissed a review of a demarcation award, upheld the interpretation of the bargaining council certificate, and refused declaratory relief.

• Demarcation Dispute
• Interpretation Of Collective Agreement
• Excess Of Power
• Consultation With Nedlac
• Review Of Arbitration Award
• Demarcation-dispute

Smith and Others v Department of Health (KwaZulu-Natal) and Others (D1609/2018)

Smith and Others v Department of Health (KwaZulu-Natal) and Others (D1609/2018) [2021] ZALCD 79 (15 December 2021)

Court

Labour Court Durban

Case number

D1609/2018

Judge

H Cele

The Labour Court granted condonation for a late review of an arbitration award about nurses’ OSD translation, finding the delay short, explained, and with some prospects of success.

• Condonation
• Review Of Arbitration Award
• Occupational Specific Dispensation
• Interpretation Of Collective Agreement
• Specialty Nursing Translation
• Labour-court-review

Dayimani v Department of Health KZN and Others (D1004/2014)

Dayimani v Department of Health KZN and Others (D1004/2014) [2021] ZALCD 8 (30 June 2021)

Court

Labour Court Durban

Case number

D1004/2014

Judge

H Cele

The Labour Court reviewed an arbitration award and held that a nurse qualified for OSD translation under a speciality-unit provision.

• Interpretation Of Collective Agreement
• Occupational Special Dispensation
• Translation Of Nursing Posts
• Review Of Arbitration Award
• Labour-law
• Arbitration-review

National Union of Mineworkers v Petra Diamond Mine Pty Ltd (Finsch Mine) (C145/14)

National Union of Mineworkers v Petra Diamond Mine Pty Ltd (Finsch Mine) (C145/14) [2019] ZALCCT 24 (23 April 2019)

Court

Labour Court Cape Town

Case number

C145/14

Judge

Rabkin-Naicker

The Labour Court dismissed NUM’s section 197 claim, finding the dispute was governed by a collective agreement and had to be pursued through bargaining or interpretation.

• Section 197 Transfer
• Collective Agreement Binding
• Jurisdiction Of Labour Court
• Interpretation Of Collective Agreement
• Section-197-transfer
• Collective-agreement

Irwin and Johnson Limited v National Certified Fishing and Allied Workers Union (NCFAWU) and Others (C514/2016)

Irwin and Johnson Limited v National Certified Fishing and Allied Workers Union (NCFAWU) and Others (C514/2016) [2017] ZALCCT 3 (3 February 2017)

Court

Labour Court Cape Town

Case number

C514/2016

Judge

H Rabkin-Naicker

The court found that both parties failed to fully embrace their rights to ensure orderly collective bargaining. The applicant delayed referring the interpretation dispute to arbitration, which could have avoided the subsequent application. The respondents engaged in unlawful conduct during the collective bargaining process. The court exercised its discretion to award costs against the respondents up to and including 16 August 2016, emphasizing that the conduct of the parties and considerations of law and fairness justified such an order. The court declined to award punitive costs and found no…

Source excerpt

• Collective Bargaining
• Costs Award
• Strike Action
• Interpretation Of Collective Agreement

Member of the Executive Council: Police, Roads and Transport (Free State Provincial Government v Public Service Co-ordinating Bargaining Council and Others (JR2742/13)

Member of the Executive Council: Police, Roads and Transport (Free State Provincial Government v Public Service Co-ordinating Bargaining Council and Others (JR2742/13) [2017] ZALCJHB 14 (19 January 2017)

Court

Labour Court Johannesburg

Case number

JR 2742/13

Judge

Lagrange

The Labour Court reviewed and set aside an arbitration award after finding irregularities, including deciding issues not canvassed and failing to resolve key factual disputes.

• Arbitration Review
• Irregular Proceedings
• Interpretation Of Collective Agreement
• Jurisdiction Of Arbitrator
• Arbitration-review
• Irregular-proceedings

College of Cape Town v GPSSBC and Others (C787/15)

College of Cape Town v GPSSBC and Others (C787/15) [2016] ZALCCT 47 (2 December 2016)

Court

Labour Court Cape Town

Case number

C787/15

Judge

Steenkamp

The Labour Court set aside an arbitration award on the interpretation of a collective agreement about salary parity and remitted the dispute for fresh arbitration.

• Interpretation Of Collective Agreement
• Salary Parity
• Review Of Arbitration Award
• Public Service Regulations
• Collective-agreement-interpretation
• Review-of-arbitration-award

Department of Health v Dladla and Others (1132/13)

Department of Health v Dladla and Others (1132/13) [2016] ZALCD 28 (7 November 2016)

Court

Labour Court Durban

Case number

1132/13

Judge

Cele

The Labour Court dismissed the Department of Health’s review, upheld the interpretation of a rural allowance collective agreement, and allowed the employees’ partial counter-review.

• Interpretation Of Collective Agreement
• Prescription
• Unfair Labour Practice
• Nursing Allowance
• Conciliation And Arbitration
• Collective-agreement-interpretation

Statistics South Africa v NEHAWU obo Netshivungululu and Others (J2110/2016; J2078/16)

Statistics South Africa v NEHAWU obo Netshivungululu and Others (J2110/2016; J2078/16) [2016] ZALCJHB 367; J2078/16 (27 September 2016)

Court

Labour Court Johannesburg

Case number

J2110/2016; J2078/16

Judge

Tlhotlhalemaje

The Labour Court rescinded an order making an arbitration award an order of court, set aside irregular writs of execution, and dismissed an urgent interdict application.

• Rescission Of Order
• Writ Of Execution
• Urgent Interdict
• Interpretation Of Collective Agreement
• Disciplinary Procedure
• Rescission-of-order

Coetzee and Others v Public Health And Social Development Sectoral Bargaining Council and Others (C819/15)

Coetzee and Others v Public Health And Social Development Sectoral Bargaining Council and Others (C819/15) [2016] ZALCCT 21 (12 July 2016)

Court

Labour Court Cape Town

Case number

C819/15

Judge

Rabkin-Naicker

The Labour Court granted condonation, set aside a bargaining council jurisdictional ruling, and referred the dispute to arbitration before a different arbitrator.

• Jurisdiction Of Bargaining Council
• Interpretation Of Collective Agreement
• Condonation For Late Filing
• Review Of Jurisdictional Ruling
• Referral To Arbitration
• Labour-law