South Africa Case Law

Association of Mine Workers and Construction Union v Minister of Employment and Labour (78915/2019)

Association of Mine Workers and Construction Union v Minister of Employment and Labour (78915/2019) [2021] ZAGPPHC 215 (6 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

78915/2019

Judge

N Janse Van Nieuwenhuizen

The court found that the guidelines issued by the Minister constitute administrative action under PAJA, as they are peremptory and prescribe the manner in which trade unions must conduct ballots, thereby adversely affecting AMCU's right to regulate its own affairs. The guidelines were issued ultra vires, as section 95(8) of the Labour Relations Act only empowers the Minister to issue guidelines for the system of voting, not to impose mandatory obligations. The use of the word 'must' in the guidelines is unambiguous and imposes mandatory obligations not authorised by the empowering provision.…

Source excerpt

• Promotion Of Administrative Justice Act
• Ultra Vires
• Secret Ballot Requirements
• Trade Union Registration
• Legality Principle

National Union of Metalworkers of South Africa (NUMSA) and Others v Mahle Behr SA (Pty) Ltd and Another; National Union of Metalworkers of South Africa (NUMSA) and Others v Foskor (Pty) Ltd and Another (DA08/2019; DA09/2019)

National Union of Metalworkers of South Africa (NUMSA) and Others v Mahle Behr SA (Pty) Ltd and Another; National Union of Metalworkers of South Africa (NUMSA) and Others v Foskor (Pty) Ltd and Another (DA08/2019; DA09/2019) [2020] ZALAC 30; (2020) 41 ILJ 2093 (LAC) (8 June 2020)

Court

Labour Appeal Court

Case number

DA08/2019; DA09/2019

Judges

Waglay JP, Phatshoane ADJP, Murphy AJA

The Labour Appeal Court held that section 19 of the Labour Relations Amendment Act of 2018 does not impose an immediate obligation on NUMSA to conduct a secret ballot before engaging in a strike. The obligation only arises after the Registrar has consulted with the union's national office bearers and issued a directive specifying the amendment and the period for compliance. There was no evidence that such a directive had been issued to NUMSA. The Labour Court erred in assuming the existence of a directive and in interpreting section 19 as imposing a peremptory requirement in the absence of th…

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• Strike Interdict
• Secret Ballot Requirements
• Labour Relations Amendment Act
• Constitutional Right To Strike

Democratic Municipal and Allied Workers Union of South Africa (DEMAWUSA) v Registrar of Labour Relations (J119/2020)

Democratic Municipal and Allied Workers Union of South Africa (DEMAWUSA) v Registrar of Labour Relations (J119/2020) [2020] ZALCJHB 61; [2020] 7 BLLR 681 (LC); 2020) 41 (ILJ) 1968 (LC) (10 March 2020)

Court

Labour Court Johannesburg

Case number

J119/2020

Judge

Lagrange

The Labour Court granted urgent interim relief suspending a union’s de-registration pending appeal, finding section 111(5) does not bar such relief.

• Trade Union Registration
• Interim Relief
• Secret Ballot Requirements
• Appeal Suspension
• Compliance With Lra
• Trade-union-registration

Air Chefs (SOC) Ltd v National Union of Metal Workers of South Africa and Others (J1958/19)

Air Chefs (SOC) Ltd v National Union of Metal Workers of South Africa and Others (J1958/19) [2019] ZALCJHB 262; (2020) 41 ILJ 428 (LC) (7 October 2019)

Court

Labour Court Johannesburg

Case number

J1958/19

Judge

Tlhotlhalemaje

The court found that the demand for the anniversary payment was regulated by the Main Agreement, which replaced the anniversary payment with an annual bonus following substantive negotiations. NUMSA's demand for the retention of the anniversary payment lacked legal basis, as the Main Agreement prohibits plant-level bargaining and binds the parties to its terms. The discontinuation of the anniversary payment did not constitute a unilateral change to terms and conditions of employment due to the novation. Furthermore, NUMSA failed to conduct a proper secret ballot as required by the Labour Rela…

Source excerpt

• Collective Bargaining Agreements
• Limitations On Right To Strike
• Secret Ballot Requirements
• Unprotected Strike
• Interim Interdict