South Africa Case Law

National Union of Metal Workers of South Africa and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (6/2020)

National Union of Metal Workers of South Africa and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (6/2020) [2020] ZASCA 161; [2021] 3 BLLR 221 (SCA); (2021) 42 ILJ 475 (SCA); 2021 (4) SA 144 (SCA) (7 December 2020)

Court

Supreme Court of Appeal

Case number

6/2020

Judges

Wallis, Molemela, Schippers, Dlodlo, Goosen

The Supreme Court of Appeal held that an authorised picket in terms of section 69(1) of the Labour Relations Act is not a gathering to which section 11 of the Regulation of Gatherings Act applies. The LRA provides a comprehensive and specialised regime for regulating strikes and pickets, including remedies for unlawful conduct, and is intended to operate to the exclusion of the general provisions of the Gatherings Act in this context. The procedural and substantive requirements of the Gatherings Act do not apply to pickets authorised under the LRA, and liability for loss or damage arising fro…

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• Protected Strike
• Picketing
• Regulation Of Gatherings Act
• Labour Relations Act
• Civil Liability
• Exclusive Jurisdiction

Biz Africa 1150 (Pty) Ltd t/a Tau Mining v Association of Mineworkers and Construction Union and Others (J275/17)

Biz Africa 1150 (Pty) Ltd t/a Tau Mining v Association of Mineworkers and Construction Union and Others (J275/17) [2017] ZALCJHB 59 (24 February 2017)

Court

Labour Court Johannesburg

Case number

J275/17

Judge

Lagrange

The Labour Court held that a strike over a discretionary 13th cheque was protected, but granted interim relief restraining picketing at the mine pending CCMA rules.

• Protected Strike
• Unilateral Change To Terms
• Bonus Discretion
• Interdict
• Picketing Rules
• Protected-strike

Y and L Fishing Enterprise (Pty) Ltd v General Industries Workers Union of South Africa (GIWUSA) and Others (C650/16)

Y and L Fishing Enterprise (Pty) Ltd v General Industries Workers Union of South Africa (GIWUSA) and Others (C650/16) [2017] ZALCCT 5 (3 February 2017)

Court

Labour Court Cape Town

Case number

C650/16

Judge

H Rabkin-Naicker

The Labour Court found the respondents in contempt of an interdict after intimidating conduct at a picket, but made no costs order for the unopposed interdict.

• Contempt Of Court
• Interdictory Relief
• Costs Order
• Protected Strike
• Picketing Rules
• Labour-law

Interstate Bus Lines (Pty) Ltd v Venter NO and Others (JR1840/11)

Interstate Bus Lines (Pty) Ltd v Venter NO and Others (JR1840/11) [2015] ZALCJHB 269 (20 August 2015)

Court

Labour Court Johannesburg

Case number

JR1840/11

Judge

Myburgh, AJ

The Labour Court set aside an arbitration award after finding the commissioner exceeded his powers by redefining the agreed issue in an incentive dispute.

• Unfair Labour Practice
• Incentive Scheme
• Protected Strike
• Arbitration Review
• Picketing
• Interpretation Of Contractual Terms

Bytes Technology Group South Africa (Pty) Ltd v South African Commercial Catering and Allied Workers Union and Others (J1665/11)

Bytes Technology Group South Africa (Pty) Ltd v South African Commercial Catering and Allied Workers Union and Others (J1665/11) [2011] ZALCJHB 235 (25 August 2011)

Court

Labour Court Johannesburg

Case number

J1665/11

Judge

R Lagrange

The Labour Court granted a modified interdict against unlawful strike conduct, while allowing peaceful support for a protected strike and leaving each party to pay its own costs.

• Protected Strike
• Interdict
• Unlawful Conduct During Strike
• Picketing Arrangements
• Labour Relations Act Section 68
• Labour Relations Act Section 69

Growthpoint Properties Limited v South Africa Commercial Catering And Allied Workers Union (SACCAWU) and Others (6467/2010)

Growthpoint Properties Limited v South Africa Commercial Catering And Allied Workers Union (SACCAWU) and Others (6467/2010) [2010] ZAKZDHC 85 (3 September 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

6467/2010

Judge

Dhaya Pillay

The High Court confirmed an interdict limiting noisy picketing at La Lucia Mall, holding that excessive noise constituted nuisance and had to be balanced against labour rights.

• Protected Strike
• Picketing Rules
• Nuisance
• Balancing Of Rights
• Interim Interdict
• Freedom Of Expression

Growthpoint Properties Ltd v South Africa Commercial Catering and Allied Workers Union (SACCAWU) and Others (6467/2010)

Growthpoint Properties Ltd v South Africa Commercial Catering and Allied Workers Union (SACCAWU) and Others (6467/2010) [2010] ZAKZDHC 38; 2011 (1) BCLR 81 (KZD) ; [2011] 1 All SA 537 (KZD) ; (2010) 31 ILJ 2539 (KZD) (3 September 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

6467/2010

Judge

Pillay D

The High Court confirmed an interdict limiting loud picketing at La Lucia Mall, finding that excessive noise amounted to a nuisance.

• Protected Strike
• Picketing Rules
• Nuisance
• Constitutional Rights Balancing
• Freedom Of Expression
• Interdict

Sawash (Pty) Ltd and Others v Independent Catering Commercial Farm Workers Union (ICCAFAWU) and Others (846/06)

Sawash (Pty) Ltd and Others v Independent Catering Commercial Farm Workers Union (ICCAFAWU) and Others (846/06) [2006] ZANWHC 57 (8 September 2006)

Court

North West High Court, Mafikeng

Case number

846/06

Judge

A A Landman

The court found that while the dispute contained elements of a labour dispute, the acts alleged by the applicants—violence, intimidation, and obstruction—are criminal and delictual in nature and thus fall within the jurisdiction of the High Court. However, the applicants failed to provide sufficient evidence to establish the requirements for a final interdict. The respondents' version, supported by the presence of police and the absence of arrests or charges, was accepted in accordance with the Plascon-Evans rule. The court concluded that the applicants did not prove a clear right or injury,…

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• Interdict
• Jurisdiction Of High Court
• Picketing
• Violence And Intimidation
• Final Interdict Requirements

Marble Hall Spar v South African Chemical Workers Union and Others (J48/97)

Marble Hall Spar v South African Chemical Workers Union and Others (J48/97) [1997] ZALC 2 (19 March 1997)

Court

Labour Court

Case number

J48/97

Judge

Mlambo

The Labour Court granted urgent interim relief, finding the alleged conduct was not shown to be an unprotected strike but was enough to justify a rule nisi.

• Interdict
• Unprotected Strike
• Picketing
• Urgency
• Rule Nisi
• Labour-law