South Africa Case Law

Productivity South Africa v Commission for Conciliation Mediation and Arbitration (JR734/22)

Productivity South Africa v Commission for Conciliation Mediation and Arbitration (JR734/22) [2024] ZALCJHB 460 (19 November 2024)

Court

Labour Court Johannesburg

Case number

JR734/22

Judge

S.M. Shaba

The Labour Court reviewed and set aside part of a CCMA award, finding no unfair labour practice and no basis for compensation in a restructuring dispute.

• Unfair Labour Practice
• Review Of Arbitration Award
• Jurisdiction Of Ccma
• Remedies For Unfair Labour Practice
• Internal Remedies Exhaustion
• Unfair-labour-practice

Department of Rural Development and Agrarian Reform v General Public Service Sectoral Bargaining Council and Others (PA3/18)

Department of Rural Development and Agrarian Reform v General Public Service Sectoral Bargaining Council and Others (PA3/18) [2020] ZALCPE 2; [2020] 4 BLLR 353 (LC) (6 January 2020)

Court

Labour Court Port Elizabeth

Case number

PA3/18

Judges

JR Murphy, DM Davis, R Sutherland

The Labour Court upheld an award finding an unfair labour practice where the Department failed to promote a long-serving acting incumbent to a vacant post.

• Unfair Labour Practice
• Promotion
• Arbitration Review
• Employer Discretion
• Remedies For Unfair Labour Practice
• Unfair-labour-practice

Mbetshe v Commission for Conciliation Mediation and Arbitration and Others (C313/2018)

Mbetshe v Commission for Conciliation Mediation and Arbitration and Others (C313/2018) [2019] ZALCCT 28 (11 October 2019)

Court

Labour Court Cape Town

Case number

C313/2018

Judge

P Nkutha-Nkontwana

The Labour Court found Parliament’s redeployment of an employee to a much lower post with an 80% salary cut was a demotion and an unfair labour practice.

• Unfair Labour Practice
• Demotion
• Consultation
• Remedies For Unfair Labour Practice
• Salary Reduction
• Unfair-labour-practice

Skinner and Others v Nampak Products Limited and Others (JS197/16)

Skinner and Others v Nampak Products Limited and Others (JS197/16) [2019] ZALCJHB 189 (20 June 2019)

Court

Labour Court Johannesburg

Case number

JS197/16

Judge

GN Moshoana

The Court found that the policy governing post-retirement medical aid benefits contained a clause granting the employer sole discretion to set a maximum contribution level for future pensioners, thereby limiting the general entitlement to 100% or 50% contributions. The applicants failed to prove that the exercise of this discretion was unreasonable or not in good faith. The respondent's actions were commercially rational, motivated by escalating costs and declining profitability, and followed legal advice and Board approval. The Court held that there was no breach of contract, as the capping…

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• Unfair Labour Practice
• Contractual Discretion
• Post Retirement Medical Aid
• Section 197 Transfer
• Remedies For Unfair Labour Practice

Ekurhuleni Metropolitan Municipality and Another v SALGBC and Others (JR369/15)

Ekurhuleni Metropolitan Municipality and Another v SALGBC and Others (JR369/15) [2019] ZALCJHB 91 (10 May 2019)

Court

Labour Court Johannesburg

Case number

JR369/15

Judge

B Whitcher

The court found that the dispute referred by Mr Pieterse was a classic unfair labour practice dispute, not an unfair discrimination dispute. The municipality failed to apply its mind to the minimum requirements and core functions of the post, focusing solely on demographics. The arbitrator's finding that the municipality committed an unfair labour practice was reasonable and not liable to be set aside. However, the award of protected promotion was not supported by evidence that Mr Pieterse would have been promoted but for the unfair conduct, and such remedy is not permissible without proof of…

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• Unfair Labour Practice
• Protected Promotion
• Jurisdiction Of Bargaining Council
• Affirmative Action
• Remedies For Unfair Labour Practice

Sedibeng District Municipality v South African Local Governing Bargaining Council and Others (JR 1559/09)

Sedibeng District Municipality v South African Local Governing Bargaining Council and Others (JR 1559/09) [2012] ZALCJHB 45; [2012] 9 BLLR 923 (LC); 2013 (1) SA 395 (LC); (2013) 34 ILJ 166 (LC) (31 May 2012)

Court

Labour Court Johannesburg

Case number

JR 1559/09

Judge

R Lagrange

The court held that exclusive reliance on polygraph test results to disqualify candidates for promotion, in the absence of any other evidence impugning their integrity, constitutes an unfair labour practice. While polygraph testing may be used as a corroborative tool in assessing honesty, it is not sufficiently reliable to serve as the sole criterion for appointment or promotion. The arbitrator misdirected himself by focusing on the absence of polygraph testing in the advertisement rather than the fairness of its use as a selection tool. The relief granted by the arbitrator was excessive and…

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• Unfair Labour Practice
• Promotion Dispute
• Polygraph Testing
• Arbitration Review
• Remedies For Unfair Labour Practice

Minister of Safety & Security v Safety & Security Sectoral Bargaining Council and Others (JR2952/06)

Minister of Safety & Security v Safety & Security Sectoral Bargaining Council and Others (JR2952/06) [2009] ZALC 163 (2 December 2009)

Court

Labour Court

Case number

JR2952/06

Judge

Francis

The Labour Court dismissed a review of an arbitration award ordering promotion, holding the arbitrator had not exceeded his powers in a promotion dispute.

• Unfair Labour Practice
• Promotion Disputes
• Arbitration Review
• Remedies For Unfair Labour Practice
• Unfair-labour-practice
• Promotion-disputes

Radebe and Another v Mashoff Premier of Free State Province and Others (JS140/08)

Radebe and Another v Mashoff Premier of Free State Province and Others (JS140/08) [2009] ZALC 20; [2009] 6 BLLR 564 (LC); (2009) 30 ILJ 1900 (LC) (17 February 2009)

Court

Labour Court

Case number

JS140/08

Judge

G N Moshoana

The court found that the applicants' document did not constitute a disclosure as defined by the Protected Disclosure Act, as it was based largely on speculation, opinions, and unsupported allegations rather than facts showing or tending to show impropriety. The conduct complained of was primarily that of the MEC, who was not the employer as contemplated by the PDA. The applicants failed to provide supporting documents and refused to cooperate with the investigation, undermining their claim of good faith. Even if the document were considered a disclosure, it did not meet the requirements for p…

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• Protected Disclosure Act
• Unfair Labour Practice
• Occupational Detriment
• Good Faith Disclosure
• Remedies For Unfair Labour Practice

Protekon (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (C335/2003)

Protekon (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (C335/2003) [2005] ZALC 75; (2005) 26 ILJ 1105 (LC); [2005] 7 BLLR 703 (LC) (17 May 2005)

Court

Labour Court

Case number

C335/2003

Judge

C F N Todd

Labour Court review of a CCMA award over withdrawn travel concessions, holding the benefit fell under section 186(2)(a) and confirming compensation as the proper remedy.

• Unfair Labour Practice
• Employment Benefits
• Procedural Fairness
• Remedies For Unfair Labour Practice
• Unfair-labour-practice
• Employment-benefits

National Union of Metalworkers of South Africa and Others v Henred Fruehauf Trailers (Pty) Ltd (86/92)

National Union of Metalworkers of South Africa and Others v Henred Fruehauf Trailers (Pty) Ltd (86/92) [1994] ZASCA 153; 1995 (4) SA 456 (AD); [1995] 2 BLLR 1 (AD); (1994) 15 ILJ 1257 (A) (11 November 1994)

Court

Supreme Court of Appeal

Case number

86/92

Judges

Van Heerden, Smalberger, Vivier, Howie, Nicholas

The court held that participation in an illegal strike does not automatically bar reinstatement for unfair dismissal; relief must be decided on all relevant facts.

• Unfair Dismissal
• Reinstatement
• Parity Principle
• Illegal Strike
• Remedies For Unfair Labour Practice
• Unfair-dismissal