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South Africa decisions
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Praga Technical (Pty) Ltd v Amcu obo Members (J 177/2023) [2023] ZALCJHB 25 (20 February 2023)
The Labour Court confirmed an interdict against strike action after finding AMCU had not complied with the collective agreement and LRA preconditions.
Working On Fire (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) and Others (DA5/2021) [2022] ZALAC 114; (2022) 43 ILJ 2764 (LAC); [2023] 1 BLLR 39 (LAC) (21 October 2022)
Labour Appeal Court upheld a CCMA arbitration award on essential-service wage disputes, finding the arbitrator’s hypothetical approach was a valid exercise of discretion.
Arcelormittal South Africa Limited v National Union of Metalworkers of South Africa obo Members and Others (J1343/21) [2021] ZALCJHB 433 (8 November 2021)
The court found that NUMSA and the affected employees failed to comply with the dispute resolution procedure set out in the Recognition Agreement, which is binding and enforceable as a collective agreement under the LRA. The majority judgment in BMW South Africa (Pty) Ltd v NUMSA obo Members was applied, confirming that parties are obliged to follow the procedures in their collective agreements before resorting to industrial action. The court rejected the argument that substantial compliance or compliance with section 64 of the LRA alone suffices, holding that strict adherence to the agreed p…
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Macsteel Service Centres SA (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) and Others (J1063/21) [2021] ZALCJHB 275; (2021) 42 ILJ 2628 (LC); [2021] 12 BLLR 1235 (LC) (8 September 2021)
The Court held that NUMSA and its members’ proposed strike was unprotected because section 64(2) of the LRA had not been complied with; specifically, no advisory award had been issued in the refusal to bargain dispute. The Commissioner’s jurisdictional ruling did not exhaust his statutory powers, and he was not functus officio. The Labour Court exercised its powers under section 158(1)(a)(iii) of the LRA to direct the Commissioner to perform his duties and issue an advisory award within three days. Pending compliance, the respondents were interdicted from striking. The order would lapse autom…
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Swissport (South Africa) (Pty) Ltd v National Transport Union and Others (J1940/15) [2017] ZALCJHB 75 (8 March 2017)
The Labour Court dismissed Swissport’s urgent bid to interdict a strike by NTM, holding the strike was protected and arose from a refusal to bargain.
Botselo Holdings (Pty) Ltd v National Transport Movement Members of the National Transport Movement (J 479-16) [2016] ZALCJHB 101; (2016) 37 ILJ 2059 (LC) (18 March 2016)
The Labour Court interdicted an unprotected strike over wages, finding the union had not met the agreed bargaining threshold under the recognition agreement.
National Union of Metal Workers of South Africa and Others v Transnet Soc Limited (JA96/2014) [2015] ZALAC 46; (2016) 37 ILJ 638 (LAC); [2016] 1 BLLR 47 (LAC) (6 November 2015)
The Labour Appeal Court held that NUMSA’s strike against Transnet was a refusal-to-bargain dispute requiring an advisory arbitration award, so the strike was unprotected.
Swissport (South Africa) (Pty) Ltd v National Transport Union and Others (J1940/15) [2015] ZALCJHB 348 (9 October 2015)
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.
National Union of Mineworkers v Wanli Stone Belfast (Pty) Ltd (JA 85/13) [2014] ZALAC 83; [2015] 3 BLLR 286 (LAC); (2015) 36 ILJ 1261 (LAC) (12 December 2014)
The Labour Appeal Court upheld dismissals after an unprotected strike, finding the dispute was a refusal to bargain and that issue estoppel could not fairly apply.
Transnet SOC Ltd v National Union of Metalworkers of South Africa and Others (J1540/14) [2014] ZALCJHB 282 (29 July 2014)
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.
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