Association of Mineworkers and Construction Union and Others v Anglogold Ashanti Limited t/a Anglogold Ashanti (JA43/2019) [2020] ZALAC 45; (2020) 41 ILJ 2763 (LAC) (1 September 2020)
Court
Labour Appeal Court
Case number
JA43/2019
Judges
Davis JA, Coppin JA, Kathree-Setiloane AJA
The Labour Appeal Court dismissed as moot an appeal about secondary strike legality, holding there was no need to revisit settled law on s 66(2) of the LRA.
South African Transport and Allied Workers Union (SATAWU) and Others v Moloto NO and Another (CCT128/11) [2012] ZACC 19; 2012 (6) SA 249 (CC); 2012 (11) BCLR 1177 (CC); [2012] 12 BLLR 1193 (CC); (2012) 33 ILJ 2549 (CC) (21 September 2012)
Court
Constitutional Court
Case number
CCT128/11
Judges
Maya AJ, Mogoeng CJ, Jafta J, Skweyiya J, Yacoob ADCJ, Froneman J, Nkabinde J, Cameron J, Van der Westhuizen J
The majority of the Constitutional Court held that section 64(1)(b) of the Labour Relations Act does not require every employee intending to strike to give individual notice to the employer. The statutory language only requires notice of the commencement of the strike, not identification of each participant. The union, as the recognised bargaining agent, was competent to give the required notice on behalf of all employees involved in the wage dispute, including non-unionised workers. Imposing additional notice requirements would unduly restrict the constitutional right to strike and undermine…
United National Breweries (SA) Limited v Khanyeza and Others (DA4/04) [2005] ZALAC 6; [2006] 4 BLLR 321 (LAC); (2006) 27 ILJ 150 (LAC) (30 September 2005)
Court
Labour Appeal Court
Case number
DA4/04
Judges
Zondo JP, Davis AJA, Nkabinde AJA
The Labour Appeal Court held that the employer had to consult the union before retrenching a covered employee, and reduced compensation to 12 months’ pay.
Chevron Engineering (Pty) Ltd v Nkambule and Others (1) (68/2002) [2003] ZASCA 68; [2003] 3 All SA 365 (SCA); 2003 (5) SA 206 (SCA); (2003) 24 ILJ 1331 (SCA); [2003] 7 BLLR 631 (SCA) (2 June 2003)
Court
Supreme Court of Appeal
Case number
68/2002
Judges
Farlam, Vivier, Zulman, Lewis, Mlambo
The Supreme Court of Appeal held that the inclusion of the words 'subject to the Constitution' in item 22(6) of Schedule 7 of the Labour Relations Act ensures that constitutional provisions prevail over statutory limitations on appeals. Section 168(3) of the Constitution grants the Supreme Court of Appeal jurisdiction to hear appeals in any matter except constitutional matters. Therefore, an appeal does lie to the Supreme Court of Appeal from a decision of the Labour Appeal Court given in terms of item 22(5), and leave to appeal is not required. The previous interpretation in Khoza v Gypsum I…
South African Chemical Workers Union and Another v African Commerce Developing Company (Pty) Ltd t/a Buffalo Tapes (107/98) [2000] ZASCA 177; 2000 (3) SA 732 (SCA); (2000) 21 ILJ 1735 (SCA) (26 May 2000)
Court
Supreme Court of Appeal
Case number
107/98
Judges
Smalberger, Marais, Zulman, Melunsky, Mpati
Section 17(21A)(a) of the Labour Relations Act 28 of 1956 confers a right of appeal to any party to proceedings before the Industrial Court in respect of any dispute referred to it, not limited to determinations on the merits. The language of the section is sufficiently broad to include appeals against decisions on preliminary issues, such as condonation, provided the decision is final and disposes of a substantial issue. The legislative intent underlying the Act is to resolve disputes expeditiously and inexpensively, which would be undermined by requiring parties to wait until the merits are…
Tiger Wheels Babelegi (Pty) Ltd t/a TSW International v National Union of Metalworkers of South Africa and Others (J2456/98) [1998] ZALC 86 (23 October 1998)
Court
Labour Court
Case number
J2456/98
Judge
R M M Zondo
The court held that section 64(1)(b)(i) of the Labour Relations Act clearly requires that, where the dispute relates to a collective agreement to be concluded in a bargaining council, the strike notice must be given to the council and not to individual employers. The applicant, not being a party to the council or a member of an employers' organisation party to the council, was not entitled to a separate strike notice. The language of the statute is unambiguous and must be followed. Regarding waiver, the court found that a delay of three days in joining the strike did not amount to an unreason…
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…
South African Security Employers' Association v Transport and General Workers Union and Others (381/98) [1998] ZALC 133 (27 February 1998)
Court
Labour Court
Case number
381/98
Judge
R M M Zondo
The court held that the issue in dispute was the failure or refusal of the applicant to agree to the unions' demands for wage increases and other terms and conditions of employment for the period after the expiry of the current collective agreement. The period of application of the wage increase is an essential element of the issue in dispute. The current collective agreement does not regulate or prohibit strikes over wage increases for the subsequent period. Therefore, sections 65(1)(a) and 65(3)(a)(i) of the Labour Relations Act do not apply to prohibit the strike. Clause 2 of the agreement…
Da Gama Textile Company Ltd. v Regional Director, Department of Manpower (Port Elizabeth) and Another (644/89) [1991] ZASCA 75; 1991 (3) SA 530 (AD); (1991) 12 ILJ 787 (A) (30 May 1991)
Court
Supreme Court of Appeal
Case number
644/89
Judges
Corbett, Smalberger, Milne, Friedman, Goldstone
The court held that “registered trade union” in section 35 of the Labour Relations Act means all registered unions, not only those registered for a specific area.
