South Africa Case Law

Koma and Others v Member of the Executive Council (MEC): Gauteng Department of Agriculture and Rural Development and Others (JR1544/19)

Koma and Others v Member of the Executive Council (MEC): Gauteng Department of Agriculture and Rural Development and Others (JR1544/19) [2023] ZALCJHB 315; [2024] 2 BLLR 170 (LC) (8 November 2023)

Court

Labour Court Johannesburg

Case number

JR1544/19

Judge

S Snyman

The court held that the applicants failed to establish any right to be promoted to grade level 10, as their positions remained at grade level 8 with unchanged duties, salary, and conditions of employment. The restructuring and job evaluation were implemented at a national level, and the applicants did not meet the requirements for the new supervisory position. No decision to demote or refuse promotion was taken by the Department; the applicants' claim was based solely on a change in job title. The arbitration award was found to be reasonable, as the arbitrator properly considered all evidence…

Source excerpt

• Unfair Labour Practice
• Demotion
• Promotion
• Arbitration Review
• Management Prerogative
• Condonation

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

Public Servants Association and Others v National Union of Home Affairs and Others (JR657/2015)

Public Servants Association and Others v National Union of Home Affairs and Others (JR657/2015) [2015] ZALCJHB 326 (22 September 2015)

Court

Labour Court Johannesburg

Case number

JR657/2015

Judge

Myburgh, AJ

The commissioner erred in finding that the dispute over changes to working hours did not constitute a matter of mutual interest. The Labour Relations Act does not narrowly define matters of mutual interest, and case law confirms that disputes concerning work practices and management prerogative, such as working hours, fall within the employment relationship and are thus matters of mutual interest. The statutory prerogative to regulate working hours does not preclude such disputes from being subject to collective bargaining or conciliation. The bargaining council therefore has jurisdiction to…

Source excerpt

• Jurisdiction Of Bargaining Council
• Mutual Interest Dispute
• Working Hours Regulation
• Management Prerogative
• Conciliation Process