South Africa Case Law

Actom (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) obo Members and Others (JA63/2020)

Actom (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) obo Members and Others (JA63/2020) [2021] ZALAC 52; [2022] 3 BLLR 245 (LAC); (2022) 43 ILJ 818 (LAC) (10 December 2021)

Court

Labour Appeal Court

Case number

JA63/2020

Judges

Waglay JP, Davis JA, Kubushi AJA

The court held that the Project Labour Agreement's clause 13.25 provides for the accrual of project bonuses for each completed month worked. The use of 'accrue' signifies a legal entitlement to the bonus for work performed prior to any unprotected industrial action. There is no express provision in the agreement that participation in an unprotected strike results in forfeiture of the entire year's accrued bonuses. The appellant was only entitled to withhold the bonus for the month in which the strike occurred (August 2014), but not for the months prior. The Labour Court's interpretation was c…

Source excerpt

• Collective Agreements
• Project Bonus Forfeiture
• Unprotected Strike Action
• Contractual Interpretation

Civil and Power Generation Projects (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2473/16)

Civil and Power Generation Projects (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2473/16) [2019] ZALCJHB 58; (2019) 40 ILJ 2055 (LC) (22 March 2019)

Court

Labour Court Johannesburg

Case number

JR2473/16

Judge

S Snyman

The Labour Court reviewed an arbitration award on bonus forfeiture, holding that unprotected rolling strike action caused loss of the entire annual project bonus.

• Collective Agreement Interpretation
• Unprotected Strike Action
• Project Bonus Forfeiture
• Material Error Of Law
• Arbitration Review
• Labour Relations Act