South Africa Case Law

National Union of Metal Workers of South Africa v Tshwane University of Technology (J617/2020)

National Union of Metal Workers of South Africa v Tshwane University of Technology (J617/2020) [2020] ZALCJHB 216; [2020] 11 BLLR 1141 (LC); (2020) 41 ILJ 2686 (LC) (20 July 2020)

Court

Labour Court Johannesburg

Case number

J617/2020

Judge

Prinsloo

The court held that the applicant cannot rely on section 33 of the Constitution or PAJA for relief, as organisational rights and recognition agreements are governed by the Labour Relations Act (LRA). The principle of subsidiarity requires that where legislation exists to give effect to a constitutional right, parties must use that legislation. The termination of the recognition agreement did not constitute administrative action, as employment and labour relationship issues fall outside the scope of PAJA. The applicant's scope, as defined in its constitution, does not include the tertiary educ…

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• Organisational Rights
• Trade Union Scope
• Recognition Agreement
• Prima Facie Right
• Administrative Action
• Costs Award

South African Postal Workers Union v South African Post Office (SOC) Limited (J2871/17)

South African Postal Workers Union v South African Post Office (SOC) Limited (J2871/17) [2017] ZALCJHB 444 (28 November 2017)

Court

Labour Court Johannesburg

Case number

J2871/17

Judge

E Tlhotlhalemaje

The Labour Court struck SAPWU’s urgent application off the roll, holding that urgency was self-created and that alternative dispute remedies were available.

• Recognition Agreement
• Organisational Rights
• Urgent Application
• Dispute Resolution
• Representativeness Threshold
• Urgent-application

National Tertiary Education Union (NTEU) v Tshwane University of Technology and Another (J287/17)

National Tertiary Education Union (NTEU) v Tshwane University of Technology and Another (J287/17) [2017] ZALCJHB 91 (23 March 2017)

Court

Labour Court Johannesburg

Case number

J287/17

Judge

Lagrange

The court found that NTEU did not have a prima facie right to the urgent interim relief sought. At the time the substantive agreement was concluded, NTEU did not meet the required membership threshold for recognition and was not entitled to collective bargaining rights under the TBF. The right to freedom of association does not automatically confer a right to collective bargaining or to participate in negotiations. The fact that NTEU subsequently met the threshold does not entitle it to have negotiations reopened or the agreement suspended. The harm alleged by NTEU relates to the substantive…

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• Organisational Rights
• Collective Bargaining
• Recognition Agreement
• Urgent Interim Relief
• Freedom Of Association

Botselo Holdings (Pty) Ltd v National Transport Movement and Others (J479/16)

Botselo Holdings (Pty) Ltd v National Transport Movement and Others (J479/16) [2016] ZALCJHB 377 (5 October 2016)

Court

Labour Court Johannesburg

Case number

J479/16

Judge

Lagrange

The Labour Court dismissed NTM’s application for leave to appeal against an interdict restraining an unprotected strike, finding no reasonable prospect of success.

• Collective Bargaining
• Recognition Agreement
• Strike Interdict
• Leave To Appeal
• Leave-to-appeal
• Strike-interdict

Swissport (South Africa) (Pty) Ltd v National Transport Union and Others (J1940/15)

Swissport (South Africa) (Pty) Ltd v National Transport Union and Others (J1940/15) [2015] ZALCJHB 348 (9 October 2015)

Court

Labour Court Johannesburg

Case number

J1940/15

Judge

Rabkin-Naicker

The Labour Court held that a refusal-to-bargain strike was protected and discharged the rule nisi, ordering the parties back to the CCMA for verification.

• Protected Strike
• Refusal To Bargain
• Recognition Agreement
• Strike Notice Requirements
• Collective Bargaining Threshold
• Protected-strike

International Ferro Metals (SA) (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J2649/14)

International Ferro Metals (SA) (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J2649/14) [2014] ZALCJHB 482 (5 December 2014)

Court

Labour Court Johannesburg

Case number

J2649/14

Judge

Tlhotlhalemaje

The Labour Court confirmed an interim interdict against an unprotected strike and ordered NUMSA to pay costs after the union withdrew its strike notice late.

• Unprotected Strike
• Interdict
• Costs Award
• Recognition Agreement
• Rights Vs Mutual Interest Dispute
• Unprotected-strike

South African Transport and Allied Workers Union v South African Airways SOC Ltd and Others (J2048/14)

South African Transport and Allied Workers Union v South African Airways SOC Ltd and Others (J2048/14) [2014] ZALCJHB 338 (5 September 2014)

Court

Labour Court Johannesburg

Case number

J2048/14

Judge

O Mooki

The court found that the applicant's case was premised on the alleged unlawful cancellation of the recognition agreement. However, it was conceded during argument that the agreement had not been cancelled. This undermined the applicant's asserted prima facie right and the basis for urgent relief. The applicant failed to demonstrate irreparable harm, as it could still participate in wage negotiations pending the CCMA referral. The balance of convenience did not favour the applicant, as the harm to the first respondent from excluding other unions outweighed any prejudice to the applicant. The c…

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• Urgent Interdict
• Collective Bargaining
• Recognition Agreement
• Balance Of Convenience
• Irreparable Harm
• Alternative Dispute Resolution

Transnet SOC Ltd v National Union of Metalworkers of South Africa and Others (J1540/14)

Transnet SOC Ltd v National Union of Metalworkers of South Africa and Others (J1540/14) [2014] ZALCJHB 282 (29 July 2014)

Court

Labour Court Johannesburg

Case number

J1540/14

Judge

R Lagrange

The Labour Court held NUMSA’s strike over shift changes, labour brokers, and transport subsidies was unprotected for refusal to bargain and breached a collective agreement.

• Refusal To Bargain
• Collective Agreement Binding
• Protected Strike
• Advisory Arbitration Award
• Recognition Agreement
• Strike Interdict

South African Commercial Catering and Allied Workers Union (SACCAWU) v Southern Sun Hotel (Pty) Ltd (J573/2011)

South African Commercial Catering and Allied Workers Union (SACCAWU) v Southern Sun Hotel (Pty) Ltd (J573/2011) [2012] ZALCJHB 33 (15 March 2012)

Court

Labour Court Johannesburg

Case number

J573/2011

Judge

AC Basson

The application for condonation for the late filing of the application for leave to appeal was refused because SACCAWU failed to provide a reasonable explanation for the delay, which was excessive and not justified by the facts. The court found that the order granted on 11 April 2011 was final and not interim, and SACCAWU's conduct following the order was inconsistent with its claim of misunderstanding. As a result, the court did not consider the prospects of success. Even if condonation were granted, the court held that the referral of the dispute to the CCMA was premature and in breach of t…

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• Recognition Agreement
• Premature Referral
• Collective Bargaining
• Condonation
• Dispute Resolution
• Jurisdiction Of Labour Court

Apollo Tyres SA (Pty) Ltd v National Union of Metalworkers of South Africa and Others (D172/12)

Apollo Tyres SA (Pty) Ltd v National Union of Metalworkers of South Africa and Others (D172/12) [2012] ZALCD 22 (12 March 2012)

Court

Labour Court Durban

Case number

D172/12

Judge

Van Niekerk

The court found that the union had complied with the procedural requirements under section 64(1) of the Labour Relations Act and that the previous order did not bar the current strike. The union's modified demand did not require the applicant to act unlawfully, but rather to agree to apply for a ministerial variation to permit the restoration of the old shift system. The applicant's inconvenience in applying for such variation was not a relevant legal factor. The court reaffirmed that it cannot assess the rationality or reasonableness of demands in collective bargaining unless they are incapa…

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• Protected Strike
• Collective Bargaining
• Recognition Agreement
• Ministerial Variation
• Basic Conditions Of Employment Act
• Prima Facie Right