South Africa Case Law

National Union of Metalworkers of South Africa (NUMSA) and Others v Mahle Behr SA (Pty) Ltd and Another; National Union of Metalworkers of South Africa (NUMSA) and Others v Foskor (Pty) Ltd and Another (DA08/2019; DA09/2019)

National Union of Metalworkers of South Africa (NUMSA) and Others v Mahle Behr SA (Pty) Ltd and Another; National Union of Metalworkers of South Africa (NUMSA) and Others v Foskor (Pty) Ltd and Another (DA08/2019; DA09/2019) [2020] ZALAC 30; (2020) 41 ILJ 2093 (LAC) (8 June 2020)

Court

Labour Appeal Court

Case number

DA08/2019; DA09/2019

Judges

Waglay JP, Phatshoane ADJP, Murphy AJA

The Labour Appeal Court held that section 19 of the Labour Relations Amendment Act of 2018 does not impose an immediate obligation on NUMSA to conduct a secret ballot before engaging in a strike. The obligation only arises after the Registrar has consulted with the union's national office bearers and issued a directive specifying the amendment and the period for compliance. There was no evidence that such a directive had been issued to NUMSA. The Labour Court erred in assuming the existence of a directive and in interpreting section 19 as imposing a peremptory requirement in the absence of th…

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• Strike Interdict
• Secret Ballot Requirements
• Labour Relations Amendment Act
• Constitutional Right To Strike

Johannesburg Metropolitan Bus Services (SOC) Ltd v Democratic Municipal and Allied Workers Union and Another (J1799/19)

Johannesburg Metropolitan Bus Services (SOC) Ltd v Democratic Municipal and Allied Workers Union and Another (J1799/19) [2019] ZALCJHB 297; [2019] 12 BLLR 1335 (LC) (30 August 2019)

Court

Labour Court Johannesburg

Case number

J1799/19

Judge

R G Lagrange

The court held that the failure to conduct a secret ballot as required by section 19(2) of the Labour Relations Amendment Act does not render a strike unprotected under Chapter IV of the Labour Relations Act, but the union is nonetheless prohibited from engaging in strike action until it complies with the balloting requirement. Regarding the demands in the strike notice, the court found that the pay progression and union office facilities demands were not previously settled or regulated by collective agreement and could be the subject of protected strike action. However, the demand relating t…

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• Strike Interdict
• Secret Ballot Requirement
• Collective Agreement Regulation
• Settlement Agreement
• Protected Strike
• Labour Relations Amendment Act

MAHLE Behr SA (Pty) Ltd v NUMSA and Others; Foskor (Pty) Ltd v NUMSA and Others (D448/19;D439/19)

MAHLE Behr SA (Pty) Ltd v NUMSA and Others; Foskor (Pty) Ltd v NUMSA and Others (D448/19;D439/19) [2019] ZALCD 2; (2019) 40 ILJ 1814 (LC) (20 March 2019)

Court

Labour Court Durban

Case number

D448/19;D439/19

Judge

D H Gush

The Labour Court held that registered trade unions without a recorded and secret ballot provision had to hold a secret ballot before striking under transitional legislation.

• Strike Interdict
• Secret Ballot Requirement
• Labour Relations Amendment Act
• Trade Union Registration
• Strike-interdict
• Secret-ballot-requirement

Assign Services (Pty) Ltd v CCMA and Others (JR1230/15)

Assign Services (Pty) Ltd v CCMA and Others (JR1230/15) [2015] ZALCJHB 283; [2015] 11 BLLR 1160 (LC); (2015) 36 ILJ 2853 (LC) (8 September 2015)

Court

Labour Court Johannesburg

Case number

JR1230/15

Judge

Brassey

The Labour Court reviewed a CCMA award on section 198A of the LRA, holding that a TES remains an employer and the client is not the sole employer.

• Temporary Employment Services
• Labour Relations Amendment Act
• Deeming Provisions
• Review Of Arbitration Award
• Employment Relationship
• Temporary-employment-services