South Africa Case Law

Singamandla and Others v South African Public Workers Trade Union and Others (2025/085193)

Singamandla and Others v South African Public Workers Trade Union and Others (2025/085193) [2025] ZALCJHB 343 (1 August 2025)

Court

Labour Court Johannesburg

Case number

2025/085193

Judge

R Daniels

The court found that the applicants failed to establish a clear right to an interdict restraining the strike action. The union's request for organisational rights did not comply with section 21(2) of the LRA, and the employer's referral to arbitration did not trigger the prohibition on strike action under section 65(1)(c). Section 65(2)(a) expressly permits strike action in pursuit of organisational rights, and the constitutional right to strike must be interpreted in the least restrictive manner. The applicants' attempt to frustrate the right to strike by hastily referring the dispute to arb…

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• Organisational Rights
• Protected Strike
• Interdict
• Picketing Rules
• Violence And Intimidation

Umhlathuze Local Municipality v South African Municipal Workers Union and Others (2025/095121)

Umhlathuze Local Municipality v South African Municipal Workers Union and Others (2025/095121) [2025] ZALCCT 50 (2 July 2025)

Court

Labour Court Cape Town

Case number

2025/095121

Judge

M T M Phehane

Urgent strike interdict application struck off for non-compliance with section 68(3) of the LRA and lack of urgency; costs awarded against the municipality.

• Strike Interdict
• Urgency Requirements
• Section 68 Lra
• Essential Services
• Picketing Rules
• Strike-interdict

Shave and Gibson Packaging (Pty) Ltd v African Meat Industry and Allied Trade Union and Another (DA21/23)

Shave and Gibson Packaging (Pty) Ltd v African Meat Industry and Allied Trade Union and Another (DA21/23) [2025] ZALAC 31; [2025] 8 BLLR 819 (LAC); (2025) 46 ILJ 1923 (LAC) (28 May 2025)

Court

Labour Appeal Court

Case number

DA21/23

Judges

Savage ADJP, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court held that the dismissal of identified employees who deliberately and persistently breached the picketing rules and the court order by picketing outside the demarcated area was substantively fair. The misconduct was flagrant, protracted, and amounted to gross insubordination, justifying dismissal. The employees were aware of the rules and the order, and their conduct undermined the authority of the court and the employer’s operational requirements. In contrast, the dismissal of unidentified employees, who were not proven to have breached the picketing rules or the order…

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• Protected Strike
• Picketing Rules
• Dismissal For Misconduct
• Gross Insubordination
• Progressive Discipline
• Constitutional Right To Picket

SA Container Depots (Pty) Ltd t/a Bidvest SACD v Sheriff: Durban Coastal and Others (D16/2025)

SA Container Depots (Pty) Ltd t/a Bidvest SACD v Sheriff: Durban Coastal and Others (D16/2025) [2025] ZALCD 3; (2025) 46 ILJ 1263 (LC) (28 January 2025)

Court

Labour Court Durban

Case number

D16/2025

Judge

Allen-Yaman

The court found that the strike action undertaken by the third to further respondents was procedurally and substantively compliant with the Labour Relations Act and did not offend any of its limitations. The acts of violence, while serious and temporally linked to the strike, did not constitute a basis in law for declaring the strike unprotected, as the LRA does not provide for such a limitation. Furthermore, the applicant failed to establish a causal connection between the violent acts and any of the respondents or their members. The court held that, absent such a link, interdictory relief c…

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• Protected Strike
• Strike Related Violence
• Picketing Rules
• Interdictory Relief
• Collective Bargaining
• Urgency In Labour Disputes

Auto-X (Pty) Ltd v National Union of Metal Workers of South Africa (D450/2024)

Auto-X (Pty) Ltd v National Union of Metal Workers of South Africa (D450/2024) [2024] ZALCD 31 (11 September 2024)

Court

Labour Court Durban

Case number

D450/2024

Judge

Allen-Yaman

The court found that the MIBCO Main Agreement does not prohibit strike action in respect of demands that are not regulated by the Agreement itself. The respondents' demands arose from the relocation of the applicant's premises and did not relate to wage or employment conditions governed by the Agreement. The prohibition on two-tier bargaining applies only to issues negotiated centrally, and the respondents' demands were not subject to centralised bargaining. The applicant failed to demonstrate that the respondents' conduct during the picket breached the picketing rules to an extent justifying…

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• Protected Strike
• Collective Agreement Interpretation
• Picketing Rules
• Urgency
• Two Tier Bargaining
• Costs Award

United National Breweries v National Enterprises Workers Union Ya-Africa and Others (J642/24)

United National Breweries v National Enterprises Workers Union Ya-Africa and Others (J642/24) [2024] ZALCJHB 226 (11 June 2024)

Court

Labour Court Johannesburg

Case number

J642/24

Judge

MP Kumalo

The Labour Court granted urgent interim relief to enforce a CCMA picketing agreement and restrain strike-related intimidation, violence, and access obstruction.

• Strike Interdict
• Picketing Rules
• Urgent Application
• Interim Relief
• Urgent-application
• Strike-interdict

8473 Investment Holdings CC v Transport, Retail and General Workers Union and Others (D694/23)

8473 Investment Holdings CC v Transport, Retail and General Workers Union and Others (D694/23) [2024] ZALCD 10 (29 February 2024)

Court

Labour Court Durban

Case number

D694/23

Judge

SNI Mokose

On the return date of a rule nisi, the Labour Court found the application moot after striking employees were dismissed and declined to award costs.

• Interim Interdict
• Picketing Rules
• Costs Award
• Urgency
• Disciplinary Dismissal
• Labour-court

Worldwide Staffing (Pty) Ltd v Metal And Engineering Industries and Others (JR1367-23)

Worldwide Staffing (Pty) Ltd v Metal And Engineering Industries and Others (JR1367-23) [2024] ZALCJHB 67; (2024) 45 ILJ 1128 (LC) (12 February 2024)

Court

Labour Court Johannesburg

Case number

JR1367/23

Judge

J.A. Wehncke

The court found that the Third and Fourth Respondents admitted to joining a group carrying offensive placards in violation of picketing rules and crossing designated picketing lines. Their defence that they did not physically hold the placards was irrelevant, as they failed to actively distance themselves from the misconduct. The arbitrator misconstrued the nature of the enquiry by focusing on whether the respondents merely witnessed the misconduct, rather than their association with it. The evidence showed that their conduct was destructive of the trust required in the employment relationshi…

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• Unfair Dismissal
• Collective Misconduct
• Protected Strike
• Picketing Rules
• Substantive Fairness
• Risk Management

Waste Carriers (Pty) Ltd v Motor Transport Workers Union and Others (C588/2022)

Waste Carriers (Pty) Ltd v Motor Transport Workers Union and Others (C588/2022) [2023] ZALCCT 15 (17 April 2023)

Court

Labour Court Cape Town

Case number

C588/2022

Judge

Rabkin-Naicker

The Labour Court ordered the union to pay the wasted costs of a postponed hearing after finding unlawful conduct during a protected strike, but declined punitive costs.

• Strike Action
• Lockout
• Picketing Rules
• Costs Award
• Collective Bargaining
• Strike-action

SACTWU obo Members v KZN Marketing (PTY) Limited and Another (D292/2022)

SACTWU obo Members v KZN Marketing (PTY) Limited and Another (D292/2022) [2022] ZALCD 31; [2023] 1 BLLR 83 (LC); (2023) 44 ILJ 828 (LC) (1 August 2022)

Court

Labour Court Durban

Case number

D292/2022

Judge

Nkutha-Nkontwana

The Labour Court held that SACTWU’s strike was protected despite no picketing rules, and set aside a disciplinary ruling that treated it as unlawful.

• Protected Strike
• Picketing Rules
• Declaratory Relief
• Disciplinary Enquiry
• Jurisdiction Of Labour Court
• Protected-strike