South Africa Case Law

Department of Home Affairs v Public Servants association and Others (CCT148/16)

Department of Home Affairs v Public Servants association and Others (CCT148/16) [2017] ZACC 11; (2017) 38 ILJ 1555 (CC); 2017 (9) BCLR 1102 (CC) (4 May 2017)

Court

Constitutional Court

Case number

CCT 148/16

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Constitutional Court held that disputes about matters of mutual interest must be conciliated under the LRA, without first classifying them as rights or interest disputes.

• Conciliation
• Matters Of Mutual Interest
• Jurisdiction Of Bargaining Council
• Leave To Appeal
• Intervention Application
• Labour-law

Swissport (South Africa) (Pty) Ltd v National Transport Union and Others (J1940/15)

Swissport (South Africa) (Pty) Ltd v National Transport Union and Others (J1940/15) [2017] ZALCJHB 75 (8 March 2017)

Court

Labour Court Johannesburg

Case number

J1940/15

Judge

Winnie Everett

The Labour Court dismissed Swissport’s urgent bid to interdict a strike by NTM, holding the strike was protected and arose from a refusal to bargain.

• Protected Strike
• Refusal To Bargain
• Collective Agreement Interpretation
• Threshold For Bargaining
• Matters Of Mutual Interest
• Protected-strike

Vanachem Vanadium Products (Pty) Ltd v National Union Of Metalworkers Of SA and Others (J658/14)

Vanachem Vanadium Products (Pty) Ltd v National Union Of Metalworkers Of SA and Others (J658/14) [2014] ZALCJHB 159; [2014] 9 BLLR 923 (LC); (2014) 35 ILJ 3241 (LC) (12 May 2014)

Court

Labour Court Johannesburg

Case number

J658/14

Judge

Van Niekerk

The Labour Court held that most union demands were matters of mutual interest and could support protected strike action, but transport costs were regulated and unprotected.

• Protected Strike
• Matters Of Mutual Interest
• Collective Bargaining
• Strike Interdict
• Organisational Rights
• Protected-strike

Pikitup (Soc) Limited v SAMWU and Others (JA82/13)

Pikitup (Soc) Limited v SAMWU and Others (JA82/13) [2013] ZALAC 33; [2014] 3 BLLR 217 (LAC); (2014) 35 ILJ 983 (LAC) (5 December 2013)

Court

Labour Appeal Court

Case number

JA82/13

Judges

Tlaletsi, C.J. Musi, Mokgoatlheng

The Labour Appeal Court held that health and safety issues, including the method of alcohol testing, are matters of mutual interest and subject to collective bargaining. The demand by employees to abandon breathalyser testing was not unlawful, as the Occupational Health and Safety Act does not mandate breathalyser testing as the only reasonably practicable method of compliance. The employer's unilateral implementation of breathalyser testing, without proper engagement or consent, infringed on employees' rights to privacy and dignity. The right to strike should not be limited by implicit restr…

Source excerpt

• Right To Strike
• Health And Safety
• Matters Of Mutual Interest
• Collective Bargaining
• Occupational Health And Safety Act
• Unprotected Strike

Pikitup (SOC) Ltd v SAMWU obo Members and Others (J164/13)

Pikitup (SOC) Ltd v SAMWU obo Members and Others (J164/13) [2013] ZALCJHB 192; (2014) 35 ILJ 201 (LC); [2013] 11 BLLR 1118 (LC) (13 August 2013)

Court

Labour Court Johannesburg

Case number

J164/13

Judge

Hulley

The court held that the implementation of breathalyser testing and biometric access control systems are matters of mutual interest, as they directly affect employees' working conditions and interests. The demand to desist from breathalyser testing was not shown to be unlawful, as the employer is not compelled by statute to use breathalysers as the only method to ensure safety. The applicant failed to prove that breathalyser testing was the only reasonably practicable method to discharge its statutory obligations. The respondents' concerns regarding hygiene, dignity, and reliability of the bre…

Source excerpt

• Strike Interdict
• Matters Of Mutual Interest
• Occupational Health And Safety
• Collective Bargaining
• Managerial Prerogative