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South Africa decisions
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Daniels and Others v Voltes (Pty) Ltd (PS37/2019) [2024] ZALCPE 38 (9 September 2024)
The Labour Court held that the applicants’ dismissal for refusing to pull Waco-R stock was substantively fair because their conduct amounted to an unprotected strike.
RCL Foods Consumer (Pty) Ltd v National Union of Food Beverage Wine Spirits and Allied Workers (NUFBWSAW) and Others (J1549/18) [2018] ZALCJHB 221; (2018) 39 ILJ 2318 (LC) (22 May 2018)
The court found that the union's demands, although not formally seeking amendment of the disciplinary code, would in effect require variation of the code and procedures for certain cases. The collective agreement between the parties required that such issues be tabled and consulted upon in the National Working Committee (NWC) before invoking statutory dispute mechanisms. The union failed to follow this agreed procedure, rendering the strike unprotected as it breached the collective agreement. The strike notice was not defective, as the demands were sufficiently clear from prior correspondence…
Source excerpt
South African Airways (Pty) Ltd v South African Transport Allied Workers Union and Others (J120/06) [2006] ZALC 34; [2006] 7 BLLR 688 (LC); (2006) 27 ILJ 1034 (LC) (7 February 2006)
The Labour Court held that a strike by South African Airways employees over Transnet restructuring was unprotected because the airline was not party to the dispute.
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