South Africa Case Law

Onderspoort Biological Products SOC Limited v National Health and Allied Workers Union and Another (J 1195/20)

Onderspoort Biological Products SOC Limited v National Health and Allied Workers Union and Another (J 1195/20) [2020] ZALCJHB 228 (31 October 2020)

Court

Labour Court Johannesburg

Case number

J 1195/20

Judge

Tlhotlhalemaje

The Court found that the strike was protected as the procedural requirements under section 64 of the Labour Relations Act and the Bargaining Forum Constitution were met, including the conduct of a secret ballot. The Constitution did not require the applicant's observation of the ballot, and the absence of such observation did not render the strike unprotected. The evidence established that unlawful conduct occurred during the strike, including violence, intimidation, and neglect of animals, which justified the granting of interdictory relief to restrain such conduct and enforce compliance wit…

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• Protected Strike
• Secret Ballot Requirement
• Picketing Rules
• Urgent Interdict
• Unlawful Conduct During Strike

Johannesburg Metropolitan Bus Services (SOC) Ltd v Democratic Municipal and Allied Workers Union and Another (J1799/19)

Johannesburg Metropolitan Bus Services (SOC) Ltd v Democratic Municipal and Allied Workers Union and Another (J1799/19) [2019] ZALCJHB 297; [2019] 12 BLLR 1335 (LC) (30 August 2019)

Court

Labour Court Johannesburg

Case number

J1799/19

Judge

R G Lagrange

The court held that the failure to conduct a secret ballot as required by section 19(2) of the Labour Relations Amendment Act does not render a strike unprotected under Chapter IV of the Labour Relations Act, but the union is nonetheless prohibited from engaging in strike action until it complies with the balloting requirement. Regarding the demands in the strike notice, the court found that the pay progression and union office facilities demands were not previously settled or regulated by collective agreement and could be the subject of protected strike action. However, the demand relating t…

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• Strike Interdict
• Secret Ballot Requirement
• Collective Agreement Regulation
• Settlement Agreement
• Protected Strike
• Labour Relations Amendment Act

MAHLE Behr SA (Pty) Ltd v NUMSA and Others; Foskor (Pty) Ltd v NUMSA and Others (D448/19;D439/19)

MAHLE Behr SA (Pty) Ltd v NUMSA and Others; Foskor (Pty) Ltd v NUMSA and Others (D448/19;D439/19) [2019] ZALCD 2; (2019) 40 ILJ 1814 (LC) (20 March 2019)

Court

Labour Court Durban

Case number

D448/19;D439/19

Judge

D H Gush

The Labour Court held that registered trade unions without a recorded and secret ballot provision had to hold a secret ballot before striking under transitional legislation.

• Strike Interdict
• Secret Ballot Requirement
• Labour Relations Amendment Act
• Trade Union Registration
• Strike-interdict
• Secret-ballot-requirement