South Africa Case Law

Vector Logistics (Pty) Ltd v National Transport Movement (NTM) and Others (J2876/17)

Vector Logistics (Pty) Ltd v National Transport Movement (NTM) and Others (J2876/17) [2018] ZALCJHB 75; (2018) 39 ILJ 1653 (LC) (6 March 2018)

Court

Labour Court Johannesburg

Case number

J2876/17

Judge

Lagrange

The Labour Court confirmed an interim interdict against a strike over lunch-break pay, finding the demand unlawful and the dispute adjudicable.

• Collective Agreements
• Protected Strike
• Meal Intervals
• Basic Conditions Of Employment Act
• Jurisdiction Of Labour Court
• Unprotected-strike

Pride Milling Company (Pty) Ltd v FGWU and Others (J 469/11)

Pride Milling Company (Pty) Ltd v FGWU and Others (J 469/11) [2011] ZALCJHB 230 (4 August 2011)

Court

Labour Court Johannesburg

Case number

J 469/11

Judge

CAWE

The Labour Court discharged a rule nisi, upheld the CCMA certificate, and ordered restoration of previous tea and lunch breaks plus compensation.

• Unilateral Change To Terms And Conditions
• Protected Strike
• Collective Agreement
• Meal Intervals
• Section 64 Lra
• Fair Labour Practices

SBV Services (Pty) Limited v Motor Transport Workers' Union of South Africa and Others (J2717/07)

SBV Services (Pty) Limited v Motor Transport Workers' Union of South Africa and Others (J2717/07) [2008] ZALC 71; (2008) 29 ILJ 3059 (LC) (20 May 2008)

Court

Labour Court

Case number

J2717/07

Judge

AC Basson

The court found that the settlement agreement concluded between the applicant and the first respondent only resolved the earlier dispute regarding remuneration for working through meal intervals and did not address the subsequent dispute concerning the conditions under which meal intervals may be taken. The November 2007 strike notice related to the manner and conditions of taking meal intervals, which was not regulated by the settlement agreement. The court held that there was no basis to conclude that the settlement agreement precluded the respondents from embarking on protected strike acti…

Source excerpt

• Collective Bargaining
• Right To Strike
• Meal Intervals
• Settlement Agreement Interpretation
• Protected Strike
• Managerial Prerogative

Mlaba v Masonite (Africa) Limited (D241/97)

Mlaba v Masonite (Africa) Limited (D241/97) [1998] ZALC 129 (15 January 1998)

Court

Labour Court

Case number

D241/97

Judge

R M M Zondo

The Court found that the instruction requiring the applicant to work beyond five continuous hours without a proper meal interval was unlawful under section 7 of the Basic Conditions of Employment Act. The arbitrator failed to consider the relevant statutory provisions, resulting in a material error of law and a gross irregularity in the proceedings. The dismissal was therefore substantively unfair, and the arbitration award upholding the dismissal was reviewable and must be set aside. Given the absence of any evidence that reinstatement would be inappropriate and the primary status of reinsta…

Source excerpt

• Unfair Dismissal
• Basic Conditions Of Employment Act
• Meal Intervals
• Arbitration Review
• Reinstatement