South Africa Case Law

Universal Products Networks (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C664/2022)

Universal Products Networks (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C664/2022) [2023] ZALCCT 40 (5 July 2023)

Court

Labour Court Cape Town

Case number

C664/2022

Judge

Rabkin-Naicker

The Labour Court found that the Commissioner correctly interpreted SACCAWU's constitution as covering employees associated with the distribution operations of Woolworths, even if the applicant itself does not operate a shop. The jurisdictional challenge was dismissed as the union's amended constitution includes the applicant's employees. The demarcation dispute regarding Sectoral Determination 9 was not properly before the Commissioner and cannot be determined by the Labour Court as an adjudicator of first instance. Both parties agreed that Clause 36 of the award, concerning the manner of uni…

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• Organizational Rights
• Jurisdiction Of Ccma
• Trade Union Scope
• Demarcation Dispute
• Sectoral Determination
• Review Of Arbitration Award

Komatsu Southern Africa (Pty) Ltd v National Union of Metal Workers of South Africa and Others (J 1437/2013)

Komatsu Southern Africa (Pty) Ltd v National Union of Metal Workers of South Africa and Others (J 1437/2013) [2013] ZALCJHB 298 (17 September 2013)

Court

Labour Court Johannesburg

Case number

J 1437/2013

Judge

Snyman AJ

Labour Court held that a strike over conditions of employment regulated through centralized bargaining was unprotected, and confirmed the interdict.

• Protected Strike
• Collective Bargaining
• Strike Notice Requirements
• Centralized Bargaining
• Conditions Of Employment
• Organizational Rights

Commercial Mining and Allied Workers Union v Registrar of Labour Relations (J1732/10)

Commercial Mining and Allied Workers Union v Registrar of Labour Relations (J1732/10) [2011] ZALCJHB 232 (13 August 2011)

Court

Labour Court Johannesburg

Case number

J1732/10

Judge

Francis

The court found that the appellant failed to comply with the statutory requirements for registration as a trade union under section 95 of the Labour Relations Act. The appellant did not provide sufficient evidence of functioning as a trade union, including proof of paid-up membership, a bank account, or a physical address. The founding meeting and minutes were unreliable, and the employment status of key individuals was questionable. The inability to provide required documentation was not solely due to external constraints but indicated a lack of genuine organizational activity. The Registrar…

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• Trade Union Registration
• Genuineness Requirement
• Labour Relations Act
• Organizational Rights
• Collective Bargaining

National Entilted Workers Union (NEWU) v Commission for Conciliation, Mediation and Arbitration and Others (JR1002/05)

National Entilted Workers Union (NEWU) v Commission for Conciliation, Mediation and Arbitration and Others (JR1002/05) [2010] ZALCJHB 42 (22 October 2010)

Court

Labour Court Johannesburg

Case number

JR1002/05

Judge

Molahlehi

The court held that the order granted by Broster AJ, which stayed the execution of NEWU's deregistration pending the outcome of its appeal, remains valid and binding as it has not been set aside. Consequently, NEWU retains the right to represent itself and its members in terms of section 161 of the Labour Relations Act, despite its deregistration. The court found that the order was broad and unconditional, and that neither the Minister of Labour nor any other respondent had sought to challenge or rescind it. The principle that an appeal does not automatically suspend deregistration was affirm…

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• Locus Standi
• Deregistration Of Trade Union
• Stay Of Execution
• Organizational Rights
• Freedom Of Association

National Entitled Workers Union (NEWU) v Commission for Conciliation, Mediation and Arbitration and Others (JR1002/05)

National Entitled Workers Union (NEWU) v Commission for Conciliation, Mediation and Arbitration and Others (JR1002/05) [2010] ZALC 155; [2011] 2 BLLR 180 (LC) ; (2011) 32 ILJ 374 (LC) (22 October 2010)

Court

Labour Court

Case number

JR1002/05

Judge

Molahlehi

The court held that the order by Broster AJ, which suspended the execution of NEWU's deregistration pending the outcome of its appeal under section 111 of the LRA, remains valid and binding as it has not been set aside. Consequently, NEWU retains the right to represent itself and its members before the Labour Court and other statutory dispute resolution bodies pending the appeal. The court rejected the argument that the order was based on incorrect legal principles, noting that it was never appealed or rescinded. The court further found that negative remarks about Mr Maluleke do not affect NE…

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• Locus Standi
• Trade Union Deregistration
• Stay Of Execution
• Organizational Rights
• Freedom Of Association

Unica Plastic Moulders CC v National Union of South African Workers (J1072/2010)

Unica Plastic Moulders CC v National Union of South African Workers (J1072/2010) [2010] ZALC 116; (2011) 32 ILJ 443 (LC) (3 August 2010)

Court

Labour Court

Case number

J1072/2010

Judge

AC Basson

The Labour Court held that deregistration of a trade union is not suspended by appeal, but the union may still recruit members and operate in the workplace.

• Trade Union Deregistration
• Organizational Rights
• Interdict
• Appeal Suspension
• Labour Relations Act
• Trade-union-deregistration

Unica Plastic Moulders CC v National Union of South African Workers (J1072/2010)

Unica Plastic Moulders CC v National Union of South African Workers (J1072/2010) [2010] ZALCJHB 346 (3 August 2010)

Court

Labour Court Johannesburg

Case number

J1072/2010

Judge

AC Basson

The court held that the noting of an appeal against the Registrar's decision to de-register a trade union does not suspend the effect of de-registration. Section 106(3) of the Labour Relations Act is clear that all rights enjoyed by a trade union as a result of registration end upon de-registration. The transitional provisions in Schedule 7 of the LRA reinforce that cancellation takes effect unless an appeal is lodged, and even then, the rights are not revived until the appeal is successful. The court found that while a de-registered union may continue to recruit members and negotiate with em…

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• Trade Union De Registration
• Organizational Rights
• Interdict
• Effect Of Appeal On Administrative Decision

Commission for Conciliation, Mediation and Arbitration v Registrar of the labour Relations and Others (J984/10)

Commission for Conciliation, Mediation and Arbitration v Registrar of the labour Relations and Others (J984/10) [2010] ZALC 110; [2010] 11 BLLR 1151 (LC) ; (2010) 31 ILJ 2886 (LC) (27 July 2010)

Court

Labour Court

Case number

J984/10

Judge

Molahlehi

The Labour Court held that an appeal against a trade union's de-registration does not automatically suspend the Registrar's decision under the LRA.

• Trade Union Registration
• Deregistration Of Trade Union
• Appeal Suspension
• Organizational Rights
• Freedom Of Association
• Trade-union-registration

Municipal Education State Health & Allied Workers Union and Others v South African Local Government Bargaining Council and others (J4694/01)

Municipal Education State Health & Allied Workers Union and Others v South African Local Government Bargaining Council and others (J4694/01) [2002] ZALC 122 (14 February 2002)

Court

Labour Court

Case number

J4694/01

Judge

E Revelas

The Labour Court granted interim relief preserving organizational rights and stopping agency shop deductions pending further proceedings on union representivity and admission.

• Organizational Rights
• Agency Shop Agreement
• Collective Bargaining
• Freedom Of Association
• Interim Relief
• Organizational-rights