South Africa Case Law

York Timbers (PTY) Ltd v National Union of Metal Workers of South Africa( (J 513/2022)

York Timbers (PTY) Ltd v National Union of Metal Workers of South Africa( (J 513/2022) [2022] ZALCJHB 126 (7 June 2022)

Court

Labour Court Johannesburg

Case number

J 513/2022

Judge

Van Niekerk

The court found that the union's demand regarding the job grading process concerns the application and interpretation of the Sandton collective agreement. In terms of section 24(2) of the LRA, such disputes must be referred to arbitration, and any strike in support of this demand is unprotected under section 65(1). Regarding the demand about management conduct, the court held that the applicant's tender to appoint a mediator and conduct a relationship-building exercise substantively meets the union's process-related demand. Therefore, the substratum of the dispute has been removed, and any co…

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• Protected Strike
• Collective Agreement Interpretation
• Dispute Resolution Mechanisms
• Section 65 Lra
• Job Grading Dispute

Johannesburg City Parks & Zoo SOC Limited v South African Municipal Workers Union (SAMWU) and Others (J3519/2018)

Johannesburg City Parks & Zoo SOC Limited v South African Municipal Workers Union (SAMWU) and Others (J3519/2018) [2018] ZALCJHB 424 (20 December 2018)

Court

Labour Court Johannesburg

Case number

J3519/2018

Judge

Tlhotlhalemaje

The court found that the collective agreement of April 2016 was binding on SAMWU and its members across all municipal entities, including the applicant. The agreement expressly settled all disputes regarding job grading, benchmarking, and pay disparities, and prohibited strike action on these issues while it remained in force. Any disputes regarding the interpretation or application of the agreement must be resolved through mediation or arbitration, not industrial action. The respondents' arguments that the agreement did not cover them were rejected based on the plain language and scope of th…

Source excerpt

• Collective Agreement Enforcement
• Limitations On Right To Strike
• Unprotected Strike
• Costs Punitive Order
• Conciliation And Arbitration
• Job Grading Dispute

Parliament of the Republic of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (C646/16)

Parliament of the Republic of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (C646/16) [2018] ZALCCT 12 (24 April 2018)

Court

Labour Court Cape Town

Case number

C646/16

Judge

Tlhotlhalemaje

The Labour Court set aside CCMA condonation for a very late unfair labour practice referral, holding the explanation was inadequate and the CCMA lacked jurisdiction.

• Condonation
• Unfair Labour Practice
• Jurisdiction Of Ccma
• Late Referral
• Job Grading Dispute
• Labour-law