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South Africa decisions
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National Union of Mineworkers obo Members v Doornfontein Mining (Pty) Ltd (JS995/21) [2023] ZALCJHB 283 (4 October 2023)
The Labour Court dismissed a special plea, holding the union’s claim pleaded enough facts to support an automatically unfair dismissal case under the LRA.
Lukhuleni v National Public Service Workers Union (NPSWU) (JS 986/20) [2022] ZALCJHB 355 (14 December 2022)
The Labour Court held that the dismissal was for misconduct, not an automatically unfair refusal to obey an unlawful instruction, and granted absolution.
LEWUSA obo Members v Clear Water Farms (JS861/10) [2015] ZALCJHB 459 (25 November 2015)
The court found that the applicants were dismissed by the respondent, as they were told their services were no longer needed and were not contacted thereafter. The evidence established that the real reason for dismissal was the applicants' refusal to resign from their trade union, LEWUSA, and not join the union introduced by the respondent. This conduct by the respondent amounted to penalizing the applicants for exercising their rights under section 5 of the LRA, rendering the dismissal automatically unfair under section 187(1)(d). The respondent failed to rebut the credible possibility of au…
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Pecton Outsourcing Solutions CC v Pillemer NO and Others (D1256/13) [2015] ZALCD 66; [2016] 2 BLLR 186 (LC); (2016) 37 ILJ 693 (LC) (12 November 2015)
The court found that the automatic termination clause in the respondents' fixed-term contracts was unenforceable as it impermissibly contracted out of their rights under the LRA, specifically the right not to be unfairly dismissed. The termination of employment was for operational requirements, triggered by the loss of the applicant's sole client, Unilever. This reason is typically associated with dismissal, and the clause deprived employees of statutory protections such as severance pay and procedural fairness. The CCMA lacked jurisdiction to determine the fairness of mass dismissals for ope…
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Safcor Freight (Pty) Ltd t/a Safcor Panalpina v South African Freight and Dock Workers Union (DA17/10) [2012] ZALAC 29; [2012] 12 BLLR 1267 (LAC); (2013) 34 ILJ 335 (LAC) (17 September 2012)
The Labour Appeal Court held that the appellant's conduct in awarding a 4.5% wage increase to non-union employees, subject to forfeiture if they joined the union, constituted anti-union discrimination as proscribed by section 5(2)(c)(i) and section 5(3) of the LRA. The differentiation was not justified by a legitimate commercial rationale, especially as union members were willing to accept the same wage cycle change. The employer's actions undermined the union's position as a bargaining agent and provided a strong inducement for employees not to join the union, thereby prejudicing union membe…
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Ngcobo and Others v Chester Butcheries (D 268/2011) [2012] ZALCD 11; (2012) 33 ILJ 2932 (LC) (8 May 2012)
The Labour Court held that the applicants failed to show a prima facie case that bonus non-payment was linked to a protected strike, so the claim was dismissed.
National Union of Mineworkers obo Jongilanga and Another v Civil & General Contractors CC and Another (P54/08) [2011] ZALCPE 6; (2011) 32 ILJ 2709 (LC) (4 May 2011)
The court found that the applicants failed to produce sufficient evidence to raise a credible possibility that the second applicant's dismissal was automatically unfair under section 187(1) of the Labour Relations Act. The evidence showed that the termination of employment was due to the expiry of a fixed term contract, not because of trade union membership or refusal to resign from the union. The alleged third contract was found to be fabricated, and the resignation document was a standard administrative form, not a tool of coercion. The applicants' case was undermined by inconsistencies and…
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Mahlamu v Commission for Conciliation, Mediation and Arbitration and Others (JR 1702/ 09) [2010] ZALC 182; [2011] 4 BLLR 381 (LC); (2011) 32 ILJ 1122 (LC) (30 November 2010)
The court held that the automatic termination clause in the applicant's employment contract, which allowed termination upon the client's decision that services were no longer required, constituted an unlawful contracting out of the statutory protection against unfair dismissal under the LRA. Such clauses are invalid under section 5 of the LRA unless expressly permitted by the Act, which was not the case here. The commissioner committed a material error of law by finding that there was no dismissal. The termination of the applicant's employment was therefore a dismissal for the purposes of the…
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National Union of Mineworkers v Namakwa Sands - A Division of Anglo Operations Ltd (C836/2006) [2007] ZALCCT 9 (28 November 2007)
Labour Court held that strike-time allowances, meals and abnormal overtime paid to non-strikers breached the LRA, but refused monetary relief to striker members.
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