South Africa Case Law

City of Ekurhuleni Metropolitan Municipality v Municipal Employees and Civil Servants Union and Others (2025/024810)

City of Ekurhuleni Metropolitan Municipality v Municipal Employees and Civil Servants Union and Others (2025/024810) [2025] ZALCJHB 331 (31 July 2025)

Court

Labour Court Johannesburg

Case number

2025/024810

Judge

R Daniels

The court found that the strike notice issued by the Union on 19 February 2025 was defective as it failed to identify the dispute with reasonable clarity and did not provide the required seven days' notice to the City, as mandated by section 64(1)(d) of the Labour Relations Act. The applicant did not establish that all individual respondents were engaged in designated essential services, as its allegations were contradicted and not substantiated with specific evidence. The respondents provided a schedule identifying those not engaged in essential services, and the applicant failed to rebut th…

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• Protected Strike Action
• Essential Services
• Strike Notice Requirements
• Mutual Interest Disputes
• Interdict Proceedings

Tiger Brands Ltd t/a Albany Bakeries v Food and Allied Workers Union obo Members (FAWU) and Others (J2395/18)

Tiger Brands Ltd t/a Albany Bakeries v Food and Allied Workers Union obo Members (FAWU) and Others (J2395/18) [2020] ZALCJHB 47 (14 February 2020)

Court

Labour Court Johannesburg

Case number

J2395/18

Judge

D Mahosi

The Labour Court confirmed an interdict against threatened strike action, holding the dispute concerned interpretation of a recognition agreement, not mutual interest.

• Collective Agreements
• Protected Strike Action
• Ccma Jurisdiction
• Interpretation Of Agreements
• Costs In Labour Matters
• Collective-agreements

Cross-Border Road Transport Agency v National Transport Movement (J45/2019)

Cross-Border Road Transport Agency v National Transport Movement (J45/2019) [2019] ZALCJHB 106 (3 May 2019)

Court

Labour Court Johannesburg

Case number

J45/2019

Judge

Prinsloo

The Court held that the demand for the CEO's suspension was not unlawful merely because it did not provide for a fair procedure, as precautionary suspension does not require pre-suspension representations. However, the demand must be substantively fair and based on good cause. The Respondent failed to provide substantive grounds for the CEO's suspension, rendering that aspect of the demand insufficient. Regarding the demand for an investigation, the Applicant had only partially complied, as not all issues raised by the Respondent had been investigated. Therefore, the demand for an investigati…

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• Protected Strike Action
• Precautionary Suspension
• Substantive Fairness
• Procedural Fairness
• Collective Bargaining
• Unlawful Demand

Solidarity Trade Union v National Economic Development and Development Council ('NEDLAC') and Others (2018/32607)

Solidarity Trade Union v National Economic Development and Development Council ('NEDLAC') and Others (2018/32607) [2018] ZAGPJHC 574 (14 September 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2018/32607

Judge

L Adams

The High Court reviewed and set aside NEDLAC’s refusal to consider Solidarity’s section 77 notice about ESOPs, holding NEDLAC had jurisdiction to do so.

• Protest Action
• Jurisdiction Of Nedlac
• Promotion Of Administrative Justice Act
• Employee Share Ownership Plans
• Procedural Fairness
• Protected Strike Action

Epic Foods (Pty) Ltd v Inqubela Phambili Trade Union and Others (J130/18)

Epic Foods (Pty) Ltd v Inqubela Phambili Trade Union and Others (J130/18) [2018] ZALCJHB 285 (11 September 2018)

Court

Labour Court Johannesburg

Case number

J130/18

Judge

GN Moshoana

The court found that all interim orders were moot and academic, as the unlawful conduct had ceased and the relevant employees were no longer members of the trade union. The ex parte order against the police was defective due to lack of notice and could not be made final. The contempt application against the trade union failed because contempt requires personal non-compliance by cited officials, not by the entity itself. The first respondent and its members were found jointly and severally liable for a portion of the applicant's costs due to their conduct, but no further relief was granted. Th…

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• Strike Interdicts
• Contempt Of Court
• Trade Union Accountability
• Protected Strike Action
• Costs Orders

Sun International Ltd and Others v South African Commercial Catering and Allied Workers Union (SACCAWU) and Others (J1408/18)

Sun International Ltd and Others v South African Commercial Catering and Allied Workers Union (SACCAWU) and Others (J1408/18) [2018] ZALCJHB 286 (11 September 2018)

Court

Labour Court Johannesburg

Case number

J1408/18

Judge

GN Moshoana

The court found that the true issue in dispute was the extension of the bargaining unit to include certain positions. Upon examining the relevant collective agreements, the court concluded that none of the agreements regulated or prohibited a strike over the extension of the bargaining unit. The applicants' reliance on agreed criteria for the bargaining unit did not amount to regulation of demands for extension. Therefore, the strike action was not prohibited by section 65(1)(a) or section 65(3)(1) of the Labour Relations Act. However, the strike had already ended by the return day, rendering…

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• Collective Agreements
• Limitations On Right To Strike
• Protected Strike Action
• Mootness
• Bargaining Unit Extension

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

York Timbers Limited v National Union of Metal Workers of South Africa and Others (J2892/17)

York Timbers Limited v National Union of Metal Workers of South Africa and Others (J2892/17) [2017] ZALCJHB 419 (15 November 2017)

Court

Labour Court Johannesburg

Case number

J2892/17

Judge

E Tlhotlhalemaje

The court held that NUMSA had complied with all statutory prerequisites for protected strike action under section 64 of the LRA. The applicant's reliance on Bader Bop was misplaced; the judgment does not require a union claiming representativity to refer the dispute to arbitration before striking. Section 21 of the LRA provides an election to either arbitrate or strike, and the right to strike is constitutionally protected and should not be limited by incorrect statutory interpretation. NUMSA's strike was therefore lawful and protected. The applicant failed to demonstrate a clear right to the…

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• Organisational Rights
• Protected Strike Action
• Interim Interdict
• Picketing Rules
• Collective Bargaining

BIFAWU obo Mncube and Others v Legalwise Expenses Insurance South Africa t/a Legalwise (J889/17)

BIFAWU obo Mncube and Others v Legalwise Expenses Insurance South Africa t/a Legalwise (J889/17) [2017] ZALCJHB 325 (12 September 2017)

Court

Labour Court Johannesburg

Case number

J889/17

Judge

R Lagrange

The Labour Court upheld an exception, finding the union’s statement of case did not disclose a recognised cause of action and dismissed it with costs.

• Exception Procedure
• Cause Of Action
• Consultation Rights
• Organisational Rights
• Protected Strike Action
• Labour-law

Wholesale Housing Supplies (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J1948/17)

Wholesale Housing Supplies (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J1948/17) [2017] ZALCJHB 312 (29 August 2017)

Court

Labour Court Johannesburg

Case number

J1948/17

Judge

Lagrange

Urgent Labour Court interdict over NUMSA strike. The court held wage-renegotiation demands were unprotected, but a demand for bargaining recognition could still be struck for.

• Protected Strike Action
• Collective Bargaining Rights
• Majoritarian Principle
• Extension Of Collective Agreements
• Section 65 Lra
• Urgency Requirements