Mathane and Others v National Regulator for Compulsory Specifications and Others (2025/000072) [2025] ZALCJHB 6 (16 January 2025)
Court
Labour Court Johannesburg
Case number
2025/000072
Judge
M Makhura
Urgent labour court application by striking employees was struck off for lack of urgency; the court found no unlawful deductions, only lawful no-work-no-pay withholding.
North West Provincial Legislature and Another v National Education Health and Allied Workers Union obo 158 Members (JA17/22) [2023] ZALAC 12; [2023] 8 BLLR 745 (LAC); (2023) 44 ILJ 1919 (LAC) (21 June 2023)
Court
Labour Appeal Court
Case number
JA17/22
Judges
Sutherland, Musi, Savage
Section 34 of the BCEA applies to all deductions from remuneration, including those arising from the no work no pay principle. The employer may withhold remuneration for services not rendered during a strike, but once remuneration is paid, any recovery must comply with section 34, requiring agreement or adjudication. The principle of no work no pay does not constitute a law permitting unilateral deductions under section 34(1)(b). There is no conflict between the BCEA and LRA in this context. The doctrine of set-off does not apply where the extent of indebtedness is disputed and not liquidated…
Gqithekhaya and Others v Amathole District Municipality (EL 601/2021) [2022] ZAECELLC 20; [2022] 4 All SA 106 (ECLD); [2022] 11 BLLR 1066 (ELC); 2023 (2) SA 227 (ECEL); (2023) 44 ILJ 627 (ECL) (5 August 2022)
Court
Eastern Cape High Court, East London Local Court
Case number
EL 601/2021
Judge
Hartle
The court held that while the respondent was entitled in principle to recover remuneration paid to employees for periods during which they participated in an unprotected strike, such recovery must comply with section 34 of the BCEA. This requires either the employees' written consent or a court order, arbitration award, or collective agreement authorizing the deductions. The respondent's unilateral deductions constituted unlawful self-help and violated the applicants' rights to fair labour practices and access to courts. Section 34(5) of the BCEA does not provide a standalone remedy for emplo…
National Education, Health and Allied Workers Union [NEHAWU] obo Mamogale and 14 Others v Northwest Department of Community Safety and Transport Management and Another (J711/2022) [2022] ZALCJHB 182; (2022) 43 ILJ 2369 (LC); [2022] 11 BLLR 1041 (LC) (12 July 2022)
Court
Labour Court Johannesburg
Case number
J711/2022
Judge
R Lagrange
The court found that the employer's deductions from employees' salaries to recover alleged overpayments for April, May, and June 2022 were unlawful, as they did not comply with section 34 of the Basic Conditions of Employment Act. There was no written consent from the employees nor any statutory or collective agreement basis for the deductions. The employer's attempt to recoup previously paid remuneration was not justified under the BCEA or the Public Service Act. However, the court held that the employer's refusal to allow employees to work outside the newly established shift hours did not a…
South African National Accreditation Systems (SANAS) v National Educational, Health and Allied Workers Union (NEHAWU) and Others (J1369/2018) [2021] ZALCJHB 5 (17 February 2021)
Court
Labour Court Johannesburg
Case number
J1369/2018
Judge
Van Niekerk
The Labour Court dismissed an application about pay deductions after strike action, holding the dispute concerned interpretation of a collective agreement and had to go to arbitration.
Association of Mineworkers and Construction Union and Others v Safety and Security Sectoral Vunene Mining (Pty) Ltd (J 566/20) [2020] ZALCJHB 114 (7 July 2020)
Court
Labour Court Johannesburg
Case number
J 566/20
Judge
Mabaso
The Labour Court held that the employer’s exclusion of AMCU members was an unlawful, unprotected lockout because no demand preceded it.
Macsteel Service Centres SA (Pty) Ltd v National Union of Metal Workers of South Africa and Others (J483/20) [2020] ZALCJHB 129; [2020] 8 BLLR 772 (LC) ; (2020) 41 ILJ 2670 (LC) (3 June 2020)
Court
Labour Court Johannesburg
Case number
J483/20
Judge
Prinsloo
The Labour Court held that a 20% salary reduction was a unilateral change to employment terms, but the employees’ strike remained unprotected was not established.
Tzaneng Treated Timbers v National Bargaining Council for the Wood and Paper Sector and Others (JR712/15) [2020] ZALCJHB 233 (24 March 2020)
Court
Labour Court Johannesburg
Case number
JR712/15
Judge
F Coetzee
The court found that the arbitrator's decision that summary dismissal was not an appropriate sanction was reasonable. The employees' conduct, while in breach of the clocking rules, was committed under circumstances where they believed the no work no pay principle would apply and that their participation in a protected strike would not entitle them to payment. The misunderstanding regarding clocking procedures during a legal strike distinguished their conduct from clear cases of fraudulent timekeeping intended to claim remuneration. The employer failed to provide evidence as to why alternative…
South African Municipal Workers' Union and Others v Rand West City Local Municipality and Another (J2310/19) [2019] ZALCJHB 359 (5 December 2019)
Court
Labour Court Johannesburg
Case number
J2310/19
Judge
S Snyman
Urgent Labour Court application about salary deductions was struck from the roll for lack of urgency, with the court finding self-created delay and no exceptional hardship.
