South Africa Case Law

New Kleinfontein Goldmine (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J 1457/2023)

New Kleinfontein Goldmine (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J 1457/2023) [2023] ZALCJHB 300; (2024) 45 ILJ 159 (LC) (24 October 2023)

Court

Labour Court Johannesburg

Case number

J 1457/2023

Judge

Prinsloo

The court found that the closed shop agreement between the applicant and NUM remains in force and has not been lawfully terminated in accordance with section 26(15)-(16) of the LRA. All employees in the bargaining unit, including those who hold dual membership with AMCU, are members of NUM by operation of the closed shop agreement and are bound by the collective agreements concluded between the applicant and NUM. The wage agreement contains a peace clause that expressly prohibits strike action over organisational rights. The prohibition applies to all employees subject to the agreement, regar…

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• Closed Shop Agreement
• Organisational Rights
• Peace Clause
• Strike Interdict
• Collective Agreement
• Majoritarian Principle

Association of Mineworkers and Construction Union v Sibanye Gold Limited t/a Sibanye Stillwater and Others (J 353/19; J 380/19)

Association of Mineworkers and Construction Union v Sibanye Gold Limited t/a Sibanye Stillwater and Others (J 353/19; J 380/19) [2019] ZALCJHB 89; (2019) 40 ILJ 1607 (LC); [2019] 8 BLLR 802 (LC) (20 March 2019)

Court

Labour Court Johannesburg

Case number

J 353/19; J 380/19

Judge

Prinsloo

The court held that section 23(1)(d) of the Labour Relations Act does not require that the extension of a collective agreement to non-party employees be incorporated at the time of the agreement's conclusion. The extension may be effected subsequently, provided the majority threshold and other statutory requirements are met. The retrospective application of the extension is permissible, and once extended, the collective agreement binds non-party employees as if they were parties to the agreement. The deprivation of the right to strike is a lawful consequence of majoritarianism, and AMCU membe…

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• Collective Bargaining
• Extension Of Collective Agreement
• Majoritarianism
• Right To Strike
• Peace Clause
• Retrospective Application

Wallenius Wilhelmsen Logistics Vehicle Services v National Union of Metalworkers of South Africa and Others (PA01/18)

Wallenius Wilhelmsen Logistics Vehicle Services v National Union of Metalworkers of South Africa and Others (PA01/18) [2019] ZALAC 30; (2019) 40 ILJ 1254 (LAC); [2019] 8 BLLR 795 (LAC) (26 February 2019)

Court

Labour Appeal Court

Case number

PA01/18

Judges

Tlaletsi, Murphy, Savage

The Labour Appeal Court held that the MIBCO Constitution barred plant-level bargaining and strike action on the wage demand, and upheld the interdict.

• Collective Bargaining
• Strike Prohibition
• Centralised Bargaining
• Collective Agreement Interpretation
• Peace Clause
• Level Of Bargaining

Glencore Operations South Africa (Pty) Ltd and Others v National Union of Metal Workers of South Africa (NUMSA) (J1984/18)

Glencore Operations South Africa (Pty) Ltd and Others v National Union of Metal Workers of South Africa (NUMSA) (J1984/18) [2018] ZALCJHB 434 (29 June 2018)

Court

Labour Court Johannesburg

Case number

J1984/18

Judge

GN Moshoana

The court held that the amended collective agreement, which includes a peace clause, is a valid collective agreement under the Labour Relations Act. The requirements of section 23(1)(d) are satisfied, binding NUMSA members to the agreement and its peace obligation. The right to strike, while constitutionally protected, is subject to lawful limitations. The procedural referral of a dispute to the CCMA does not override the substantive limitation imposed by the peace clause. NUMSA failed to plead or prove that the extension of the agreement was arbitrary, capricious, or mala fide. Accordingly,…

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• Collective Agreements
• Peace Clause
• Limitations On Right To Strike
• Section 23 Lra
• Urgent Interdict
• Protected Strike Action

ADT Security (Pty) Ltd v South African Transport and Allied Workers Union and Others (J 2939/11)

ADT Security (Pty) Ltd v South African Transport and Allied Workers Union and Others (J 2939/11) [2012] ZALCJHB 16; (2012) 33 ILJ 2061 (LC) (28 February 2012)

Court

Labour Court Johannesburg

Case number

J 2939/11

Judge

Molahlehi

The court held that the respondents are prohibited from embarking on strike action because the issue in dispute—wage increases—is regulated by a binding collective agreement and sectoral determination. The agreement requires that all wage-related negotiations occur at national level, and prohibits raising such issues at regional or local level. Section 65 of the LRA prohibits strike action not only where the substantive issue is regulated, but also where the process for resolving the issue is governed by agreement. The authorities relied upon by the respondents address the substantive distinc…

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• Collective Bargaining Agreement
• Strike Interdict
• Section 65 Lra
• Sectoral Determination
• Procedural Compliance
• Peace Clause

South African Federation of Civil Engineering Contractors (SAFCEC) obo Members and Others v National Union of Mineworkers and Another (J1312/09)

South African Federation of Civil Engineering Contractors (SAFCEC) obo Members and Others v National Union of Mineworkers and Another (J1312/09) [2009] ZALC 153; (2010) 31 ILJ 426 (LC) (6 July 2009)

Court

Labour Court

Case number

J1312/09

Judge

AC Basson

The Labour Court held that a planned strike over wages was barred by a peace clause and section 65(1)(a) of the Labour Relations Act, and granted an interdict.

• Strike Interdict
• Collective Agreements
• Peace Clause
• Protected Strike
• Procedural Agreement
• Strike-interdict