South Africa Case Law

Association of Mineworkers and Construction Union v Anglo American Platinum Ltd and Others (J1833/18)

Association of Mineworkers and Construction Union v Anglo American Platinum Ltd and Others (J1833/18) [2018] ZALCJHB 238; [2018] 11 BLLR 1110 (LC); (2018) 39 ILJ 2280 (LC) (2 July 2018)

Court

Labour Court Johannesburg

Case number

J1833/18

Judge

Van Niekerk

The court found that the contracts of employment, in all their iterations, grant Rusplats the prerogative to determine and change the retirement fund for its employees. The language of the contracts, supported by the employment manual and the rules of the AGPF, clearly allows the employer to nominate a different fund and require employees to transfer. The union's construction was inconsistent with statutory context and would lead to insensible results. The wage agreement's peace obligation does not preclude Rusplats from effecting changes permitted by contract, nor does it impose limitations…

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• Collective Agreements
• Unilateral Change Of Employment Terms
• Retirement Fund Transfer
• Peace Obligation
• Duty To Bargain
• Disclosure Of Documents

Mbele and Others v Chainpack (Pty) Ltd and Others (JS940/13)

Mbele and Others v Chainpack (Pty) Ltd and Others (JS940/13) [2016] ZALCJHB 191; (2016) 37 ILJ 2107 (LC) (5 April 2016)

Court

Labour Court Johannesburg

Case number

JS940/13

Judge

Mosime

The court found that the applicants, as union members, were bound by the collective agreement and peace treaty, which expressly prohibited unprotected industrial action. The applicants participated in an unprotected strike without following agreed dispute resolution procedures or obtaining union sanction, despite clear warnings and a valid ultimatum from the employer. The employer complied with all procedural requirements under the Labour Relations Act and the Code of Good Practice, including contacting the union, issuing a clear ultimatum, and allowing time for reflection. The applicants' re…

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• Unprotected Strike
• Collective Agreement
• Dismissal For Misconduct
• Procedural Fairness
• Substantive Fairness
• Peace Obligation

Modibedi and Others v Medupi Fabrication (Pty) Ltd (JS742/10)

Modibedi and Others v Medupi Fabrication (Pty) Ltd (JS742/10) [2014] ZALCJHB 154; (2014) 35 ILJ 3171 (LC) (6 May 2014)

Court

Labour Court Johannesburg

Case number

JS742/10

Judge

Tlhotlhalemaje

The Labour Court held that dismissals for repeated unprotected industrial action were substantively and procedurally fair, given prior warnings and waived hearing rights.

• Unprotected Strike
• Dismissal For Misconduct
• Procedural Fairness
• Peace Obligation
• Disciplinary Procedure
• Mitigation Of Sanction

South African National Security Employers Association v Transport and General Workers Union (JA17/98)

South African National Security Employers Association v Transport and General Workers Union (JA17/98) [1998] ZALAC 4 (5 March 1998)

Court

Labour Appeal Court

Case number

JA17/98

Judges

Myburgh JP, Froneman DJP, Kroon JA

The court held that the unions' strike was protected under the Labour Relations Act, 66 of 1995. The dispute concerned wage demands for the 1998/1999 period, which were not regulated by the 1997/1998 collective agreement. The Act does not prohibit industrial action regarding issues not covered by the operative agreement. The right to strike is constitutionally protected and should not be limited by implication. Clause 2 of the 1997/1998 agreement did not create an absolute peace obligation barring strikes for future wage demands. The established practice of negotiating and, if necessary, stri…

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• Protected Strike
• Collective Agreement
• Peace Obligation
• Interpretation Of Labour Relations Act
• Collective Bargaining
• Industrial Action