South Africa Case Law

NUMSA obo Members v Videx Wire Products (Pty) Ltd and Others (JR1298/12)

NUMSA obo Members v Videx Wire Products (Pty) Ltd and Others (JR1298/12) [2015] ZALCJHB 367; (2016) 37 ILJ 171 (LC) (28 October 2015)

Court

Labour Court Johannesburg

Case number

JR1298/12

Judge

Anton Steenkamp

Labour Court held that NUMSA’s production-target demands were really for extra remuneration, falling under the Main Agreement and not strikeable at plant level.

• Collective Bargaining
• Protected Strike
• Main Agreement Interpretation
• Remuneration Dispute
• Productivity Bargaining
• Collective-bargaining

TAWUSA v Unitrans Fuel & Chemical (Pty) Ltd (JA 44/2013)

TAWUSA v Unitrans Fuel & Chemical (Pty) Ltd (JA 44/2013) [2015] ZALAC 82 (24 June 2015)

Court

Labour Appeal Court

Case number

JA 44/2013

Judges

Davis, Ndlovu, Landman

The Labour Appeal Court held that the demands made by the appellants regarding wage discrepancies and wage cuts, as interpreted and pursued in the strike, affected wages and costs and thus constituted substantive issues subject to collective bargaining at the Bargaining Council. The judgment clarified that only demands relating to the restoration of wages for the Shell-7 employees, following unilateral reduction, fell outside the scope of the Main Agreement and could be the subject of protected strike action. The broader demands for wage parity and increases for all employees were not protect…

Source excerpt

• Protected Strike
• Collective Bargaining
• Main Agreement Interpretation
• Condonation
• Unilateral Change Of Terms

Transport And Allied Workers Union of South Africa (TAWUSA) and Others v Unitrans Fuel And Chemical (Pty) Ltd (JA44/2013)

Transport And Allied Workers Union of South Africa (TAWUSA) and Others v Unitrans Fuel And Chemical (Pty) Ltd (JA44/2013) [2015] ZALAC 24; [2015] 11 BLLR 1151 (LAC); (2015) 36 ILJ 2822 (LAC) (24 June 2015)

Court

Labour Appeal Court

Case number

JA44/2013

Judges

Davis, Ndlovu, Landman

The Labour Appeal Court held that the demands made by the appellants regarding wage discrepancies and wage cuts, as interpreted and pursued in the strike, affected wages and costs and thus fell within the scope of issues subject to collective bargaining at the Bargaining Council. The previous judgment permitted protected strike action only in relation to undoing unilateral wage changes for the Shell-7 employees, not for wage parity across all contracts. The appellants' broader demands constituted substantive issues excluded from protected strike action. Furthermore, the appellants failed to p…

Source excerpt

• Protected Strike
• Collective Bargaining
• Main Agreement Interpretation
• Condonation
• Automatic Unfair Dismissal

Cadema Industries (Pty) Ltd v De Kock NO and Others (C400/06)

Cadema Industries (Pty) Ltd v De Kock NO and Others (C400/06) [2007] ZALCCT 12 (15 February 2007)

Court

Labour Court Cape Town

Case number

C400/06

Judge

Pillay D

The Labour Court reviewed and set aside an arbitration award on short time, holding that the Main Agreement required only one day’s notice and that the arbitrator lacked jurisdiction on one issue.

• Collective Consultation
• Short Time
• Main Agreement Interpretation
• Arbitration Review
• Labour-law
• Arbitration-review

Cape Gate (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J2123/05)

Cape Gate (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J2123/05) [2006] ZALC 101; [2007] 5 BLLR 446 (LC); (2007) 28 ILJ 871 (LC) (21 December 2006)

Court

Labour Court

Case number

J2123/05

Judge

P M Kennedy

The court found that the issue in dispute—the wage increase for non-artisans—was a matter regulated by the Main Agreement, which established the Bargaining Council as the exclusive forum for wage negotiations and expressly prohibited strike action over such matters. The Main Agreement's clause 37 precludes plant-level bargaining and strike action regarding wage increases during its currency. The Labour Relations Act reinforces this prohibition, making any strike over such regulated issues unlawful and unprotected. The Labour Court is not bound by the Bargaining Council commissioner's certific…

Source excerpt

• Collective Bargaining
• Protected Strike
• Main Agreement Interpretation
• Jurisdiction Of Bargaining Council
• Strike Interdict

Thompson Savage And company (Pty) Ltd v National Bargaining Council for the Clothing Manufacturing industry and Others (D 203/03)

Thompson Savage And company (Pty) Ltd v National Bargaining Council for the Clothing Manufacturing industry and Others (D 203/03) [2004] ZALC 67 (8 September 2004)

Court

Labour Court

Case number

D203/03

Judge

Pillay D

Labour Court review of a bargaining council exemption refusal. The court held the council had power to consider severance-pay exemptions and set aside the decision.

• Severance Pay
• Collective Agreement Exemption
• Bargaining Council Powers
• Committee Composition
• Ultra Vires
• Main Agreement Interpretation

Cape Manufacturing Engineers (Pty) Limited v Metal and Engineering Industries Bargaining Council (C 662/2002)

Cape Manufacturing Engineers (Pty) Limited v Metal and Engineering Industries Bargaining Council (C 662/2002) [2003] ZALC 75 (27 June 2003)

Court

Labour Court

Case number

C 662/2002

Judge

K S Tip

The Labour Court reviewed and set aside an appeal-board decision on a collective-agreement exemption, finding procedural unfairness and irrational reliance on extra information.

• Exemption From Collective Agreement
• Audi Alteram Partem
• Review Of Administrative Action
• Main Agreement Interpretation
• Labour-law
• Administrative-law