South Africa Case Law

Heineken South Africa (Pty) Ltd v Food and Allied Workers Union and Others (2024/092689)

Heineken South Africa (Pty) Ltd v Food and Allied Workers Union and Others (2024/092689) [2024] ZALCJHB 428 (21 October 2024)

Court

Labour Court Johannesburg

Case number

2024/092689

Judge

R Itzkin

The Labour Court confirmed an interim order declaring a strike unprotected because the dispute concerned interpretation of a collective agreement on working hours.

• Unprotected Strike
• Collective Agreement Interpretation
• Section 65 Lra
• Section 24 Lra
• Shift System Change
• Unprotected-strike

JCI Mining (Pty) Ltd v National Union of Mineworkers and Others (J1337/21)

JCI Mining (Pty) Ltd v National Union of Mineworkers and Others (J1337/21) [2024] ZALCJHB 90 (28 February 2024)

Court

Labour Court Johannesburg

Case number

J1337/21

Judge

T Govender

The Labour Court discharged an interim interdict against NUM, holding the applicant had not shown that a wage agreement with AMCU bound NUM members.

• Collective Agreements
• Strike Action
• Section 65 Lra
• Section 23 Lra
• Interdict Proceedings
• Collective-agreements

Scaw South Africa (Pty) Ltd v National Union of Metalworkers of Soth Africa and Others (Leave to Appeal) (J 296/2023)

Scaw South Africa (Pty) Ltd v National Union of Metalworkers of Soth Africa and Others (Leave to Appeal) (J 296/2023) [2023] ZALCJHB 92 (17 April 2023)

Court

Labour Court Johannesburg

Case number

J 296/2023

Judge

Van Niekerk

The Labour Court refused leave to appeal, finding no repudiation of a collective agreement and confirming the strike remained unprotected for non-compliance.

• Collective Agreements
• Strike Action
• Repudiation
• Dispute Resolution
• Section 65 Lra
• Collective-agreements

York Timbers (PTY) Ltd v National Union of Metal Workers of South Africa( (J 513/2022)

York Timbers (PTY) Ltd v National Union of Metal Workers of South Africa( (J 513/2022) [2022] ZALCJHB 126 (7 June 2022)

Court

Labour Court Johannesburg

Case number

J 513/2022

Judge

Van Niekerk

The court found that the union's demand regarding the job grading process concerns the application and interpretation of the Sandton collective agreement. In terms of section 24(2) of the LRA, such disputes must be referred to arbitration, and any strike in support of this demand is unprotected under section 65(1). Regarding the demand about management conduct, the court held that the applicant's tender to appoint a mediator and conduct a relationship-building exercise substantively meets the union's process-related demand. Therefore, the substratum of the dispute has been removed, and any co…

Source excerpt

• Protected Strike
• Collective Agreement Interpretation
• Dispute Resolution Mechanisms
• Section 65 Lra
• Job Grading Dispute

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

Lanxess Chrome Mining (Pty) Ltd v National Union of Mine Workers and Others (J3472/18)

Lanxess Chrome Mining (Pty) Ltd v National Union of Mine Workers and Others (J3472/18) [2018] ZALCJHB 410 (11 December 2018)

Court

Labour Court Johannesburg

Case number

J3472/18

Judge

D Mahosi

The Court finds that there are material factual disputes regarding the majority status of NUMSA at the time the collective agreements were concluded and whether those agreements validly bind NUMSA and its members, thereby prohibiting the strike under section 65(3)(a)(i) of the LRA. Given the conflicting evidence on union membership numbers and the circumstances of the agreements, the matter cannot be resolved on affidavit alone. Rule 7(7)(b) of the Labour Court Rules empowers the Court to refer such disputes for oral evidence. Accordingly, the application is referred for oral evidence to dete…

Source excerpt

• Protected Strike
• Collective Agreement
• Majoritarianism
• Section 65 Lra
• Oral Evidence
• Bad Faith In Collective Bargaining

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

Transnet SOC Ltd v National Transport Movement and Others (J727/18)

Transnet SOC Ltd v National Transport Movement and Others (J727/18) [2018] ZALCJHB 131 (28 March 2018)

Court

Labour Court Johannesburg

Case number

J727/18

Judge

Mahosi

The Labour Court interdicted an intended strike by NTM, finding the dispute was already regulated by a collective agreement and arbitration award under section 65 of the LRA.

• Protected Strike
• Collective Agreement Extension
• Section 65 Lra
• Fixed Term Contracts
• Arbitration Award
• Interdict

Wholesale Housing Supplies (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J1948/17)

Wholesale Housing Supplies (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J1948/17) [2017] ZALCJHB 312 (29 August 2017)

Court

Labour Court Johannesburg

Case number

J1948/17

Judge

Lagrange

Urgent Labour Court interdict over NUMSA strike. The court held wage-renegotiation demands were unprotected, but a demand for bargaining recognition could still be struck for.

• Protected Strike Action
• Collective Bargaining Rights
• Majoritarian Principle
• Extension Of Collective Agreements
• Section 65 Lra
• Urgency Requirements

South African Airways (SOC) Ltd v South African Cabin Crew Association and Others (J949/17)

South African Airways (SOC) Ltd v South African Cabin Crew Association and Others (J949/17) [2017] ZALCJHB 158 (10 May 2017)

Court

Labour Court Johannesburg

Case number

J949/17

Judge

S Snyman

The Labour Court confirmed an interdict stopping an unprotected strike over meal allowances, finding the issue was regulated by a binding collective agreement.

• Collective Bargaining
• Strike Interdict
• Extension Of Collective Agreement
• Protected Strike
• Section 65 Lra
• Section 23 Lra