South Africa Case Law

Air Chefs (SOC) Ltd v National Union of Metal Workers of South Africa and Others (J1958/19)

Air Chefs (SOC) Ltd v National Union of Metal Workers of South Africa and Others (J1958/19) [2019] ZALCJHB 262; (2020) 41 ILJ 428 (LC) (7 October 2019)

Court

Labour Court Johannesburg

Case number

J1958/19

Judge

Tlhotlhalemaje

The court found that the demand for the anniversary payment was regulated by the Main Agreement, which replaced the anniversary payment with an annual bonus following substantive negotiations. NUMSA's demand for the retention of the anniversary payment lacked legal basis, as the Main Agreement prohibits plant-level bargaining and binds the parties to its terms. The discontinuation of the anniversary payment did not constitute a unilateral change to terms and conditions of employment due to the novation. Furthermore, NUMSA failed to conduct a proper secret ballot as required by the Labour Rela…

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• Collective Bargaining Agreements
• Limitations On Right To Strike
• Secret Ballot Requirements
• Unprotected Strike
• Interim Interdict

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…

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

Sun International Ltd and Others v South African Commercial Catering and Allied Workers Union (SACCAWU) and Others (J1408/18)

Sun International Ltd and Others v South African Commercial Catering and Allied Workers Union (SACCAWU) and Others (J1408/18) [2018] ZALCJHB 286 (11 September 2018)

Court

Labour Court Johannesburg

Case number

J1408/18

Judge

GN Moshoana

The court found that the true issue in dispute was the extension of the bargaining unit to include certain positions. Upon examining the relevant collective agreements, the court concluded that none of the agreements regulated or prohibited a strike over the extension of the bargaining unit. The applicants' reliance on agreed criteria for the bargaining unit did not amount to regulation of demands for extension. Therefore, the strike action was not prohibited by section 65(1)(a) or section 65(3)(1) of the Labour Relations Act. However, the strike had already ended by the return day, rendering…

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• Collective Agreements
• Limitations On Right To Strike
• Protected Strike Action
• Mootness
• Bargaining Unit Extension

Glencore Operations South Africa (Pty) Ltd and Others v National Union of Metal Workers of South Africa (NUMSA) (J1984/18)

Glencore Operations South Africa (Pty) Ltd and Others v National Union of Metal Workers of South Africa (NUMSA) (J1984/18) [2018] ZALCJHB 434 (29 June 2018)

Court

Labour Court Johannesburg

Case number

J1984/18

Judge

GN Moshoana

The court held that the amended collective agreement, which includes a peace clause, is a valid collective agreement under the Labour Relations Act. The requirements of section 23(1)(d) are satisfied, binding NUMSA members to the agreement and its peace obligation. The right to strike, while constitutionally protected, is subject to lawful limitations. The procedural referral of a dispute to the CCMA does not override the substantive limitation imposed by the peace clause. NUMSA failed to plead or prove that the extension of the agreement was arbitrary, capricious, or mala fide. Accordingly,…

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• Collective Agreements
• Peace Clause
• Limitations On Right To Strike
• Section 23 Lra
• Urgent Interdict
• Protected Strike Action

Borbet SA (Pty) Ltd v National Union of Metalworkers of South Africa and Others (P162/17)

Borbet SA (Pty) Ltd v National Union of Metalworkers of South Africa and Others (P162/17) [2018] ZALCPE 31; (2018) 39 ILJ 1585 (LC); [2018] 4 BLLR 348 (LC) (16 January 2018)

Court

Labour Court Port Elizabeth

Case number

P162/17

Judge

MC Mamosebo

The Labour Court held NUMSA’s strike was unprotected because the demands were tied to demarcation proceedings and the true dispute was not properly conciliated.

• Unprotected Strike
• Demarcation Dispute
• Retaliation Against Employer
• Limitations On Right To Strike
• Conciliation Requirements
• Unprotected-strike

CSS Tactical Pty (Ltd) v SOCRAWU (JA 69/14)

CSS Tactical Pty (Ltd) v SOCRAWU (JA 69/14) [2015] ZALAC 88 (24 June 2015)

Court

Labour Appeal Court

Case number

JA 69/14

Judges

Tlaletsi, Ndlovu, Landman

The Labour Appeal Court held that the Framework Agreement and Memorandum of Agreement did not regulate or preclude bargaining at company level on the remaining demands listed in the strike notice, specifically travelling allowance and payment for attending court as witnesses. The appellant failed to prove that these issues had been tabled, traded off, or negotiated at the national forum, and thus clause 8.5 did not apply. Clause 12 of the Memorandum, while generally reserving bargaining for the national forum, was not all-encompassing and did not clearly exclude the disputed demands from comp…

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• Protected Strike
• Collective Bargaining
• Interpretation Of Collective Agreement
• Limitations On Right To Strike
• Framework Agreement
• Company Level Bargaining

BMW South Africa v NUMSA obo Members (J2251/11)

BMW South Africa v NUMSA obo Members (J2251/11) [2011] ZALCJHB 204 (14 February 2011)

Court

Labour Court Johannesburg

Case number

J2251/11

Judge

Molahlehi

The court found that NUMSA complied with the procedural requirements for a protected strike under sections 64 and 65 of the Labour Relations Act. The certificate of non-resolution was validly issued, and there was no prohibition in the collective agreement preventing NUMSA from striking over the clarified demand. The true nature of the dispute, as clarified after 16 September 2011, did not fall foul of the NBF agreement or section 65 of the LRA. The prohibition on coercion in clause 8.3.3 of the NBF agreement applies only during the facilitation process and not after deadlock or failure of fa…

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• Protected Strike
• Collective Agreement Interpretation
• Limitations On Right To Strike
• Conciliation Process
• Certificate Of Non Resolution

Unitrans Fuel and Chemical (Pty) Ltd v Transport and Allied Workers Union Of South Africa (TAWUSA) and Another (JA55/10)

Unitrans Fuel and Chemical (Pty) Ltd v Transport and Allied Workers Union Of South Africa (TAWUSA) and Another (JA55/10) [2010] ZALAC 20; [2011] 2 BLLR 153 (LAC) ; (2010) 31 ILJ 2854 (LAC) (23 September 2010)

Court

Labour Appeal Court

Case number

JA55/10

Judges

Waglay, Mlambo, Tlaletsi

The Labour Appeal Court held that wage-parity and wage-cut complaints could support a strike, but coupling and provident-fund demands were barred by collective agreement.

• Collective Agreements
• Limitations On Right To Strike
• Unilateral Change Of Terms
• Strike Interdicts
• Procedural Compliance
• Strike-interdicts

County Fair Foods (Pty) Ltd v Food And Allied Workers Union and others (CA7/00)

County Fair Foods (Pty) Ltd v Food And Allied Workers Union and others (CA7/00) [2001] ZALAC 1; [2001] 5 BLLR 494 (LAC); (2001) 22 ILJ 1103 (LAC) (15 February 2001)

Court

Labour Appeal Court

Case number

CA7/00

Judges

RMM Zondo, E.L. Goldstein, D.M. Davis

The Labour Appeal Court held that a strike is protected if it complies with the Labour Relations Act, even if a collective-agreement procedure was not exhausted.

• Protected Strike
• Collective Agreement
• Strike Procedure
• Limitations On Right To Strike
• Costs Award
• Protected-strike