South Africa Case Law

National Union of Mineworkers obo Masha and Others v SAMANCOR Limited (Eastern Chromes Mines) and Others (CCT 154/20)

National Union of Mineworkers obo Masha and Others v SAMANCOR Limited (Eastern Chromes Mines) and Others (CCT 154/20) [2021] ZACC 16; (2021) 42 ILJ 1881 (CC); [2021] 9 BLLR 883 (CC); 2021 (10) BCLR 1191 (CC) (22 June 2021)

Court

Constitutional Court

Case number

CCT 154/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Pillay, Theron, Tlaletsi, Tshiqi

The Constitutional Court granted condonation for the late filing of the application, finding the delay minimal and satisfactorily explained. The Court held that the matter engaged constitutional issues, specifically the right to fair labour practices and access to justice, thus its jurisdiction was established. However, the Court found no reasonable prospects of success on the merits, as the evidence did not support inconsistency in discipline and the sanction of dismissal was justified given the seriousness of the misconduct. The Labour Appeal Court's finding that the employees breached heal…

Source excerpt

• Unfair Dismissal
• Costs In Labour Matters
• Inconsistency Of Discipline
• Right To Fair Labour Practices
• Section 23 Constitution
• Section 162 Labour Relations Act

FAWU and Others v Premier Foods Ltd t/a Blue Ribbon Salt River (C 722/2012)

FAWU and Others v Premier Foods Ltd t/a Blue Ribbon Salt River (C 722/2012) [2012] ZALCCT 36; [2012] 12 BLLR 1281 (LC); (2013) 34 ILJ 1171 (LC) (7 September 2012)

Court

Labour Court Cape Town

Case number

C 722/2012

Judge

Steenkamp

The Labour Court granted urgent interim relief stopping fresh disciplinary hearings against reinstated workers, finding the employer could not relitigate the same facts.

• Unfair Dismissal
• Interim Interdict
• Operational Requirements
• Disciplinary Proceedings
• Right To Fair Labour Practices
• Interim-interdict

South African National Defence Union v Minister of Defence and Others, Minister of Defence and Others v South African National Defence Union and Others (306/05, 4/05)

South African National Defence Union v Minister of Defence and Others, Minister of Defence and Others v South African National Defence Union and Others (306/05, 4/05) [2006] ZASCA 95; 2007 (1) SA 402 (SCA); [2007] 3 All SA 493 (SCA); 2007 (4) BCLR 398 (SCA); [2006] 11 BLLR 1043 (SCA); (2006) 27 ILJ 2276 (SCA) (31 August 2006)

Court

Supreme Court of Appeal

Case number

306/05, 004/05

Judges

MPATI, CAMERON, NUGENT, CONRADIE, JAFTA

The Supreme Court of Appeal held that the Constitution, while recognising the importance of collective bargaining, does not impose a judicially enforceable duty on the SANDF to bargain with military trade unions. The right to engage in collective bargaining is not absolute and is subject to the principle of voluntarism, as reflected in both international law and South African labour legislation. The Defence Act and its regulations provide a parallel dispute resolution system for the military, including conciliation and arbitration, which are adequate substitutes for collective bargaining in t…

Source excerpt

• Collective Bargaining
• Military Labour Rights
• Right To Fair Labour Practices
• Judicial Enforceability Of Bargaining
• Unfair Labour Practice
• Dispute Resolution