South Africa Case Law

SSG Security Solutions (Pty) Ltd v Academic and Professional Staff Association (APSA) and Another (J 1456/21)

SSG Security Solutions (Pty) Ltd v Academic and Professional Staff Association (APSA) and Another (J 1456/21) [2022] ZALCJHB 68 (28 March 2022)

Court

Labour Court Johannesburg

Case number

J 1456/21

Judge

Tlhotlhalemaje

The court found that the employees' refusal to work on 18 November 2021 constituted a strike as defined in section 213 of the Labour Relations Act. The respondents' denials were bare and did not raise genuine disputes of fact; thus, the applicant's version prevailed under the Plascon-Evans principle. The strike was unprotected due to non-compliance with section 64 of the LRA, as no dispute was referred to the CCMA and no strike notice was issued. The interim order's declaratory relief regarding the unprotected strike was confirmed. However, the applicant failed to provide sufficient evidence…

Source excerpt

• Unprotected Strike
• Interim Interdict
• Section 64 Lra
• Service Of Process
• Locus Standi
• Strike Definition

Bravo Group Manufacturing (PTY) Ltd t/a Gommagoma v SACTWU and Other Persons (D407/21)

Bravo Group Manufacturing (PTY) Ltd t/a Gommagoma v SACTWU and Other Persons (D407/21) [2021] ZALCD 84 (7 July 2021)

Court

Labour Court Durban

Case number

D407/21

Judge

Moshoana

The Court held that the referral of the dispute to the CCMA was sufficient to meet the requirements of section 64 of the Labour Relations Act for a protected strike, regardless of whether conciliation occurred or the CCMA declined jurisdiction. The demand by SACTWU to terminate the commercial contract with Workforce was clear, lawful, and did not require renegotiation of employment terms for deemed employees, as section 198A(5) ensures their rights as permanent employees. The collective agreement did not expressly prohibit a strike over this demand, and section 65(1)(a) and section 65(3)(a)(i…

Source excerpt

• Protected Strike
• Collective Agreement Interpretation
• Temporary Employment Services
• Jurisdiction Of Ccma
• Section 64 Lra
• Section 65 Lra

De Heus (Pty) Ltd v South African Commercial and Catering Workers Union (SACCAWU) and Others (J 685/20)

De Heus (Pty) Ltd v South African Commercial and Catering Workers Union (SACCAWU) and Others (J 685/20) [2020] ZALCJHB 149; (2021) 42 ILJ 887 (LC) (7 September 2020)

Court

Labour Court Johannesburg

Case number

J 685/20

Judge

Tlhotlhalemaje

The Labour Court confirmed a rule nisi, finding an unprotected strike over Covid-19 workplace safety concerns and awarding costs against SACCAWU.

• Unprotected Strike
• Covid19 Workplace Safety
• Interdict
• Section 64 Lra
• Employee Misconduct
• Unprotected-strike

National Association of South African Workers obo Members v Kings Hire CC (J2290/19)

National Association of South African Workers obo Members v Kings Hire CC (J2290/19) [2019] ZALCJHB 345; (2020) 41 ILJ 685 (LC); [2020] 3 BLLR 312 (LC) (29 November 2019)

Court

Labour Court Johannesburg

Case number

J2290/19

Judge

S Snyman

The Labour Court dismissed an urgent interdict over a lock-out tied to a 13th cheque dispute, finding no urgency, no clear right, and proper notice.

• Lock Out
• Urgency In Labour Disputes
• Collective Bargaining
• Strike Notice
• Section 64 Lra
• No Work No Pay

Imperial Cargo a division of Imperial Logistics South Africa Group (Pty) Ltd v Democratised Transport Logistics and Allied Workers Union and Another (J4215/18)

Imperial Cargo a division of Imperial Logistics South Africa Group (Pty) Ltd v Democratised Transport Logistics and Allied Workers Union and Another (J4215/18) [2019] ZALCJHB 228 (11 September 2019)

Court

Labour Court Johannesburg

Case number

J4215/18

Judge

Tlhotlhalemaje

The Labour Court refused condonation for a late answering affidavit and confirmed a rule nisi interdicting an unprotected strike.

• Unprotected Strike
• Condonation
• Collective Agreement
• Overtime Payments
• Section 64 Lra
• Rule Nisi Confirmation

Volkswagen of South Africa (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) and Others (P205/17)

Volkswagen of South Africa (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) and Others (P205/17) [2018] ZALCPE 13 (11 April 2018)

Court

Labour Court Port Elizabeth

Case number

P205/17

Judge

Mahosi

The Labour Court confirmed an interdict against a proposed strike over split-shift changes, holding the dispute was unprotected and barred by section 65 of the LRA.

• Protected Strike
• Unilateral Change To Terms
• Collective Agreement
• Section 64 Lra
• Section 65 Lra
• Protected-strikes

City of Johannesburg Metropolitan Municipality v South African Municipal Workers Union (SAMWU) and Others (J1799/17)

City of Johannesburg Metropolitan Municipality v South African Municipal Workers Union (SAMWU) and Others (J1799/17) [2017] ZALCJHB 292; [2017] 12 BLLR 1244 (LC) (10 August 2017)

Court

Labour Court Johannesburg

Case number

J1799/17

Judge

Myburgh, AJ

The court found that the municipality had established, on a prima facie basis, that the threatened strike by SAMWU was unprotected. This was primarily due to the failure to provide the required seven days’ notice to a state employer under section 64(1)(d) of the LRA, and the existence of a contractual dispute actionable under section 77(3) of the BCEA, which may invoke the section 65(1)(c) limitation on the right to strike. The court noted conflicting judgments on whether such disputes are hit by the limitation, but held that the municipality had at least established a prima facie right to re…

Source excerpt

• Right To Strike
• Unprotected Strike
• Section 64 Lra
• Section 65 Lra Limitation
• Precautionary Transfer
• Interim Relief

Transport and Allied Workers Union of South Africa v PUTCO Limited (CCT94/15)

Transport and Allied Workers Union of South Africa v PUTCO Limited (CCT94/15) [2016] ZACC 7; (2016) 37 ILJ 1091 (CC); [2016] 6 BLLR 537 (CC); 2016 (4) SA 39 (CC); 2016 (7) BCLR 858 (CC) (8 March 2016)

Court

Constitutional Court

Case number

CCT94/15

Judges

Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Nkabinde J, Van der Westhuizen J, Nugent AJ, Zondo J

The Constitutional Court held that PUTCO’s lock-out of TAWUSA members was unlawful because TAWUSA was not party to the bargaining-council dispute.

• Lock Outs
• Collective Bargaining
• Majoritarianism
• Section 64 Lra
• Section 213 Lra
• Extension Of Collective Agreements

Anglo Operations Ltd (Kleinkopje Colliery) v National Union of Mineworkers and Others (J 779/15)

Anglo Operations Ltd (Kleinkopje Colliery) v National Union of Mineworkers and Others (J 779/15) [2015] ZALCJHB 154 (21 May 2015)

Court

Labour Court Johannesburg

Case number

J 779/15

Judge

Steenkamp

The Labour Court confirmed an interdict, holding NUM’s strike unprotected because five demands were met, while the rest were governed by collective agreements or were not strikeable issues.

• Protected Strike
• Collective Agreement
• Unilateral Change To Terms
• Strike Interdict
• Section 64 Lra
• Section 65 Lra

Intercape Ferreira Mainliner (Pty) Ltd and Another v NUMSA and Others (C 179/2015)

Intercape Ferreira Mainliner (Pty) Ltd and Another v NUMSA and Others (C 179/2015) [2015] ZALCCT 22 (2 April 2015)

Court

Labour Court Cape Town

Case number

C 179/2015

Judge

Steenkamp

The Labour Court found that added driver duties at Intercape were work-practice changes, not a unilateral change to terms and conditions, so the strike was unprotected.

• Unilateral Change To Terms And Conditions
• Protected Strike
• Section 64 Lra
• Managerial Prerogative
• Contractual Obligations
• Basic Conditions Of Employment