South Africa Case Law

Crossroads Distribution (Pty) Ltd v South African Transport and Allied Workers Union and Others (P41/2023)

Crossroads Distribution (Pty) Ltd v South African Transport and Allied Workers Union and Others (P41/2023) [2023] ZALCPE 17 (10 August 2023)

Court

Labour Court Port Elizabeth

Case number

P41/2023

Judge

N Msizi

The court found that the dispute raised by the respondents relates to substantive issues regulated by the Main Collective Agreement and the NBCRFLI. Clause 57 of the Main Agreement prohibits strikes on such issues and requires disputes to be resolved through the bargaining council's procedures. The employment contract and Main Agreement both stipulate 45 working hours per week, with overtime payable only for work exceeding those hours. There is no contractual right to overtime pay for work on Saturdays unless the weekly hours exceed 45. The applicant established a clear right to relief, demon…

Source excerpt

• Unprotected Strike
• Main Collective Agreement
• Overtime Pay
• Jurisdiction Of Bargaining Council
• Interdict Requirements

Engedi Electrical CC v National Bargaining Council for the Electrical Industry and Another (C260/18)

Engedi Electrical CC v National Bargaining Council for the Electrical Industry and Another (C260/18) [2019] ZALCCT 17 (24 July 2019)

Court

Labour Court Cape Town

Case number

C260/18

Judge

D Mahosi

Labour Court review of an arbitration award was dismissed. The court held the arbitrator acted reasonably and the applicant showed no reviewable irregularity.

• Arbitration Review
• Main Collective Agreement
• Personal Liability Of Employer
• Procedural Fairness
• Cross Examination Rights
• Labour-law

Imperial Cargo (Pty) Ltd v DETAWU and Another (JA164/2017)

Imperial Cargo (Pty) Ltd v DETAWU and Another (JA164/2017) [2019] ZALAC 41; (2019) 40 ILJ 2499 (LAC) (13 June 2019)

Court

Labour Appeal Court

Case number

JA164/2017

Judges

Waglay, Murphy, Savage

The Labour Appeal Court held that a demand to reschedule weekend long-distance trips was a substantive issue reserved for central bargaining, and the strike was unprotected.

• Collective Bargaining
• Protected Strike
• Main Collective Agreement
• Substantive Issues
• Management Prerogative
• Collective-bargaining