South Africa Case Law

UASA obo Jonker and Others v Ekurhuleni Metropolitan Municipality (J1882/2017)

UASA obo Jonker and Others v Ekurhuleni Metropolitan Municipality (J1882/2017) [2025] ZALCJHB 22 (17 January 2025)

Court

Labour Court Johannesburg

Case number

J1882/2017

Judge

RN Daniels

The Labour Court held it lacked jurisdiction over a transport allowance claim founded on collective agreements, and struck the application from the roll.

• Collective Agreement Enforcement
• Jurisdiction Of Labour Court
• Contractual Damages
• Interpretation Of Collective Agreements
• Labour-court-jurisdiction
• Collective-agreements

HOSPERSA obo Naidoo and Others v MEC Department of Health KZN and Others (DA 8/23)

HOSPERSA obo Naidoo and Others v MEC Department of Health KZN and Others (DA 8/23) [2024] ZALAC 69; (2025) 46 ILJ 933 (LAC); [2025] 5 BLLR 445 (LAC) (23 December 2024)

Court

Labour Appeal Court

Case number

DA 8/23

Judges

Savage, Van Niekerk, Jolwana

The Labour Appeal Court held that the appellant failed to provide a reasonable explanation for the excessive delay in filing the review application, which is fatal to the condonation application. The Court found that the arbitrator correctly interpreted the collective agreement and the ministerial directive, which required ministerial consultation and approval for salary upgrades in the corporate services environment for posts graded at levels 10 and 12 after 1 August 2012. The posts in question are transversal across government departments, necessitating regulatory oversight to ensure consis…

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• Collective Agreements
• Condonation
• Salary Upgrades
• Public Service Act
• Interpretation Of Collective Agreements

UIS Analytical Services (Pty) Ltd v Independent Democratic Union of South Africa and Others (2024/133083)

UIS Analytical Services (Pty) Ltd v Independent Democratic Union of South Africa and Others (2024/133083) [2024] ZALCJHB 450; [2025] 2 BLLR 207 (LC); (2025) 46 ILJ 642 (LC) (20 November 2024)

Court

Labour Court Johannesburg

Case number

2024/133083

Judge

S Snyman

The Labour Court dismissed an urgent interdict against a planned strike over 13th-cheque demands, holding the dispute was unregulated and the strike protected.

• Strike Interdict
• Collective Bargaining
• Interpretation Of Collective Agreements
• Unfair Labour Practice
• Benefits Dispute
• Prima Facie Right

City of Tshwane Metropolitan Municipality and Another v Matlala and Another (JR1836/22)

City of Tshwane Metropolitan Municipality and Another v Matlala and Another (JR1836/22) [2024] ZALCJHB 374 (18 September 2024)

Court

Labour Court Johannesburg

Case number

JR1836/22

Judge

Martin

The Labour Court set aside a disciplinary ruling that dismissed charges after procedural objections about appointments of the prosecutor and chairperson.

• Disciplinary Procedure Collective Agreement
• Interpretation Of Collective Agreements
• Jurisdiction Of Labour Court
• Review Of Arbitral Decision
• Labour-law
• Disciplinary-procedure

National Union of Metalworkers of South Africa (NUMSA) v Motor Industry Staff Association (MISA) and Others (JA15/2023)

National Union of Metalworkers of South Africa (NUMSA) v Motor Industry Staff Association (MISA) and Others (JA15/2023) [2024] ZALAC 73; (2025) 46 ILJ 109 (LAC) (6 September 2024)

Court

Labour Appeal Court

Case number

JA15/2023

Judges

Musi JA, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court held that the MIBCO constitution does not contain a tacit or implied term that a party whose representivity falls below the 5% threshold automatically ceases to be a member. The Court found that the arbitrator erred in law by importing such a term, as the requirements of obviousness and business efficacy were not met. The constitution's silence on the consequences of falling below the threshold was deliberate, leaving the matter for MIBCO to resolve internally. The Court emphasized that collective agreements are not ordinary contracts and must be interpreted in light o…

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• Collective Agreements
• Implied Terms
• Bargaining Council Membership
• Majoritarianism
• Interpretation Of Collective Agreements

Passenger Rail Agency of South Africa v Commission For Conciliation, Mediation and Arbitration and Another (JR1852/21)

Passenger Rail Agency of South Africa v Commission For Conciliation, Mediation and Arbitration and Another (JR1852/21) [2024] ZALCJHB 540 (18 March 2024)

Court

Labour Court Johannesburg

Case number

JR1852/21

Judge

M T M Phehane

Labour Court dismissed PRASA’s review of a CCMA award on leave and medical aid, holding that the commissioner acted reasonably and committed no reviewable irregularity.

• Interpretation Of Collective Agreements
• Leave Entitlements
• Special Leave
• Compulsory Medical Aid
• Condonation
• Arbitration Review

Association of Mineworkers and Construction Union v UASA and Others (D 2128/18)

Association of Mineworkers and Construction Union v UASA and Others (D 2128/18) [2022] ZALCD 15; (2022) 43 ILJ 1817 (LC) (9 May 2022)

Court

Labour Court Durban

Case number

D 2128/18

Judge

Whitcher

The court held that the plain meaning of section 25 of the LRA is clear: agency shop agreements bind members of minority unions, including those who are parties to the bargaining council. There is no statutory exception for unions who are bargaining council agents. The arbitrator's award was not subject to review, as it correctly interpreted the law. The agency shop agreement complies with section 25 in wording, content, and format, and is therefore valid. The court declined to rewrite the statutory provisions under the guise of purposive interpretation, noting that any perceived unfairness s…

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• Agency Shop Agreement
• Collective Bargaining
• Interpretation Of Collective Agreements
• Section 25 Lra
• Arbitration Review

Herbert v Head Education - Western Cape Education and Others (CA3/2021)

Herbert v Head Education - Western Cape Education and Others (CA3/2021) [2022] ZALAC 9; (2022) 43 ILJ 1618 (LAC); [2022] 8 BLLR 712 (LAC) (10 March 2022)

Court

Labour Appeal Court

Case number

CA3/2021

Judges

Coppin JA, Savage AJA, Tokota AJA

The Labour Appeal Court held that a psychometrist’s pre-registration experience did not count as “relevant experience” for grade 3 translation under the OSD agreement.

• Collective Agreements
• Interpretation Of Collective Agreements
• Salary Dispensation
• Career Progression
• Review Of Arbitration Awards
• Material Error Of Law

Pikitup Johannesburg SOC Limited v Ntombela and Others (JR1026/2015)

Pikitup Johannesburg SOC Limited v Ntombela and Others (JR1026/2015) [2016] ZALCJHB 271 (24 June 2016)

Court

Labour Court Johannesburg

Case number

JR1026/2015

Judge

Moshoana

Review of a labour arbitration award on clause 6.3 of a disciplinary code failed. The court held the commissioner’s interpretation was reasonable and dismissed the application.

• Interpretation Of Collective Agreements
• Disciplinary Procedure
• Review Of Arbitration Award
• Condonation
• Municipal Employment
• Review-of-arbitration-award

Department of Correctional Services v Mathenjwa and Others (D165/2013)

Department of Correctional Services v Mathenjwa and Others (D165/2013) [2015] ZALCD 57 (13 August 2015)

Court

Labour Court Durban

Case number

D165/2013

Judge

Tlhotlhalemaje

The Labour Court reviewed and set aside an arbitration award on OSD migration and salary translation, holding the employee had already been correctly aligned to CB5.

• Interpretation Of Collective Agreements
• Occupational Specific Dispensation
• Salary Translation
• Review Of Arbitration Award
• Labour-law
• Collective-agreement-interpretation