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South Africa Case Law

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Labour Law [2023] ZALCJHB 74

Waste Group (Pty) Ltd v SATAWU and Others (JS 641/13)

Waste Group (Pty) Ltd v SATAWU and Others (JS 641/13) [2023] ZALCJHB 74 (23 March 2023)

Court
Labour Court Johannesburg
Case number
JS 641/13
Judge
T Govender

The Court found that the applicant had met the requirements for rescission under Rule 16A(1)(a) of the Labour Court Rules read with section 165(a) of the Labour Relations Act, as the default orders were granted in its absence and the notice of set down was not properly brought to its attention. The applicant's lack of diligence and failure to explain the litigation gap were noted, but did not preclude rescission given the procedural irregularity. The Court held that access to justice under section 34 of the Constitution required that the applicant be allowed to defend its case at trial. There…

Source excerpt

  • Rescission Of Judgment
  • Default Judgment
  • Procedural Fairness
  • Section 34 Constitution
  • Section 23 Constitution
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Labour Law [2022] ZALCJHB 220

Mokoroane v Department of Social Development: North West Provincial Government and Another (J 880/2022)

Mokoroane v Department of Social Development: North West Provincial Government and Another (J 880/2022) [2022] ZALCJHB 220 (5 August 2022)

Court
Labour Court Johannesburg
Case number
J 880/2022
Judge
Prinsloo

The court found that the applicant's contract expressly allowed for termination on 30 days' notice, as per clause 5.1.3. The applicant failed to establish that the contract contained any implied term requiring a hearing or mutual agreement prior to termination. Reliance on sections 14 and 17 of the Public Service Act was misplaced, as these provisions did not restrict the MEC's contractual right to terminate. The applicant's attempt to invoke constitutional and statutory provisions outside the contract was rejected, as the Labour Relations Act provides the appropriate remedy for unfair dismis…

Source excerpt

  • Fixed Term Contracts
  • Termination On Notice
  • Jurisdiction Of Labour Court
  • Contractual Claims Under Bcea
  • Implied Terms
  • Section 23 Constitution
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Labour Law [2022] ZACC 7

Commercial Stevedoring Agricultural and Allied Workers' Union and Others v Oak Valley Estates (Pty) Ltd and Another (CCT 301/20)

Commercial Stevedoring Agricultural and Allied Workers' Union and Others v Oak Valley Estates (Pty) Ltd and Another (CCT 301/20) [2022] ZACC 7; [2022] 6 BLLR 487 (CC); 2022 (7) BCLR 787 (CC); 2022 (5) SA 18 (CC) (1 March 2022)

Court
Constitutional Court
Case number
CCT 301/20
Judges
Madlanga, Madondo, Majiedt, Pillay, Rogers, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that for interdictory relief to be competently granted against individuals participating in a protected strike, there must be a factual link between each respondent and the actual or threatened unlawful conduct. Mere participation in a strike where unlawful conduct occurs does not suffice to justify interdicting all participants. The Court found that Oak Valley failed to establish such a link for the majority of the applicants, except for Mr Magaba (23rd applicant) and CSAAWU, who were specifically linked to unlawful conduct or threats. The appeal was upheld in p…

Source excerpt

  • Final Interdict
  • Protected Strike
  • Link Requirement For Interdict
  • Reasonable Apprehension Of Injury
  • Section 23 Constitution
  • Picketing Rules
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Labour Law [2021] ZACC 16

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
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Labour Law [2013] ZACC 36

Food and Allied Workers Union v Ngcobo N.O. and Another (CCT 50/13)

Food and Allied Workers Union v Ngcobo N.O. and Another (CCT 50/13) [2013] ZACC 36; 2013 (12) BCLR 1343 (CC); (2013) 34 ILJ 3061 (CC); 2014 (1) SA 32 (CC); [2013] 12 BLLR 1171 (CC) (9 October 2013)

Court
Constitutional Court
Case number
CCT 50/13
Judges
Cameron, Moseneke, Froneman, Jafta, Madlanga, Mhlantla, Nkabinde, Skweyiya, Van der Westhuizen, Zondo

The Constitutional Court held that the union's constitutional right to determine its own administration, as embodied in section 23(4)(a) of the Constitution and the Labour Relations Act, does not confer immunity from liability for breach of mandate. Clause 5.11 of the union's constitution merely sets out an objective and does not create a contractual term allowing withdrawal from a mandate with impunity. The union undertook to represent the employees and was obliged to prosecute their unfair dismissal claims timeously. Its failure to refer the dispute to the Labour Court within the statutory…

Source excerpt

  • Contract Of Mandate
  • Trade Union Liability
  • Section 23 Constitution
  • Failure To Prosecute Claim
  • Condonation Application
  • Union Constitution Interpretation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.