South Africa Case Law

Universal Products Networks (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C664/2022)

Universal Products Networks (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C664/2022) [2023] ZALCCT 40 (5 July 2023)

Court

Labour Court Cape Town

Case number

C664/2022

Judge

Rabkin-Naicker

The Labour Court found that the Commissioner correctly interpreted SACCAWU's constitution as covering employees associated with the distribution operations of Woolworths, even if the applicant itself does not operate a shop. The jurisdictional challenge was dismissed as the union's amended constitution includes the applicant's employees. The demarcation dispute regarding Sectoral Determination 9 was not properly before the Commissioner and cannot be determined by the Labour Court as an adjudicator of first instance. Both parties agreed that Clause 36 of the award, concerning the manner of uni…

Source excerpt

• Organizational Rights
• Jurisdiction Of Ccma
• Trade Union Scope
• Demarcation Dispute
• Sectoral Determination
• Review Of Arbitration Award

Volsec Security SA (PTY) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 2013/2020)

Volsec Security SA (PTY) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 2013/2020) [2022] ZALCJHB 305 (3 November 2022)

Court

Labour Court Johannesburg

Case number

JR 2013/2020

Judge

Van Niekerk

Labour Court review of an arbitration award about refusal to transfer. The court held the transfer instruction was reasonable and the dismissals fair.

• Unfair Dismissal
• Review Of Arbitration Award
• Sectoral Determination
• Insolence
• Substantive Fairness
• Procedural Fairness

Roossenekal Foods (Pty) Ltd v Bargaining Council for Food Retail Restaurant Catering and Allied Trades and Others (JR699 - 2018)

Roossenekal Foods (Pty) Ltd v Bargaining Council for Food Retail Restaurant Catering and Allied Trades and Others (JR699 - 2018) [2020] ZALCJHB 249 (4 December 2020)

Court

Labour Court Johannesburg

Case number

JR699 - 2018

Judge

Tlhotlhalemaje

The Labour Court dismissed a late review of a CCMA jurisdictional ruling, refusing condonation for a 14-week delay and finding no reviewable error.

• Jurisdictional Ruling
• Condonation
• Demarcation Dispute
• Collective Agreement
• Sectoral Determination
• Jurisdiction

ABC (Pty) Ltd v Commissioner For The South African Revenue Service (14426)

ABC (Pty) Ltd v Commissioner For The South African Revenue Service (14426) [2018] ZATC 6; 81 SATC 255 (13 December 2018)

Court

Tax Court

Case number

14426

Judge

K M Savage

The court held that the collective agreement entered into between the appellant and the union, although not binding on non-union employees under the Labour Relations Act, was voluntarily extended by the appellant to all non-management employees for reasons of commercial necessity and workplace harmony. There was no legal bar to this extension, and the retrospective payment of wage increases from 1 May backdated to 1 February was consistent with the statutory definition of 'monthly remuneration' as amounts paid or payable. The ETI Act expressly contemplates pro-rating remuneration for employee…

Source excerpt

• Employment Tax Incentive
• Sectoral Determination
• Collective Agreement Extension
• Minimum Wage Compliance
• Penalties And Interest
• Remuneration Calculation

Premier Attraction 300 CC t/a Premier Security v City of Cape Town (592/2017)

Premier Attraction 300 CC t/a Premier Security v City of Cape Town (592/2017) [2018] ZASCA 69 (29 May 2018)

Court

Supreme Court of Appeal

Case number

592/2017

Judges

Majiedt, Swain, Mbha, D Pillay, Schippers

The SCA held that a security contractor waived its right to claim higher contract prices by accepting the city’s escalations, and part of its claim had prescribed.

• Contract Interpretation
• Waiver
• Prescription
• Sectoral Determination
• Arbitration Clause
• Contract-interpretation

Food and Allied Workers' Union and Others v La Visagie and Seun (JS831/13)

Food and Allied Workers' Union and Others v La Visagie and Seun (JS831/13) [2017] ZALCJHB 288 (10 August 2017)

Court

Labour Court Johannesburg

Case number

JS831/13

Judge

Lagrange

The court found that the dismissals were substantively unfair. The initial strike was provoked by confusion and poor communication regarding the implementation of the sectoral determination wage increase and the employer's variation application. The employer failed to notify the union of the formal variation application and did not communicate the outcome of the worker poll or the implications for wages. Although the initial strike was unprotected, the workers heeded the ultimatums and agreed to return to work after the employer provided proof of provisional variation. The subsequent strike o…

Source excerpt

• Unprotected Strike
• Sectoral Determination
• Substantive Fairness
• Dismissal Sanction
• Ultimatum Requirements
• Union Representation

SOS Protec Sure v South African Revolutionary Allied Workers Union (D955/17)

SOS Protec Sure v South African Revolutionary Allied Workers Union (D955/17) [2017] ZALCJHB 262 (5 July 2017)

Court

Labour Court Johannesburg

Case number

D955/17

Judge

Lagrange

The Labour Court granted partial relief in an urgent strike-interdict application, barring strike action based on a payslip demand but leaving other demands unresolved.

• Strike Interdict
• Unilateral Change Of Employment Terms
• Sectoral Determination
• Basic Conditions Of Employment Act
• Dispute Of Right
• Protected Strike

Magandela v Great Liquor Discounter Stores (JS989/13)

Magandela v Great Liquor Discounter Stores (JS989/13) [2016] ZALCJHB 436 (22 November 2016)

Court

Labour Court Johannesburg

Case number

JS989/13

Judge

Lagrange

Default judgment granted for underpaid wages, overtime, holiday pay, leave pay, and related interest under Sectoral Determination 9.

• Sectoral Determination
• Underpayment Of Wages
• Overtime Pay
• Public Holiday Pay
• Leave Pay
• Interest On Arrears

Matjhabeng Local Municipality v Phakama Security Services CC; In re: Phakama Security Services CC v Matjhabeng Local Municipality (3116/2015)

Matjhabeng Local Municipality v Phakama Security Services CC; In re: Phakama Security Services CC v Matjhabeng Local Municipality (3116/2015) [2016] ZAFSHC 136 (5 August 2016)

Court

Free State High Court, Bloemfontein

Case number

3116/2015

Judge

Van Zyl

The High Court dismissed Matjhabeng Local Municipality’s application to rescind a prior order and to declare a security-services agreement invalid.

• Rescission Of Judgment
• Contract Validity
• Sectoral Determination
• Public Procurement
• Rescission-of-judgment
• Contract-validity

NUM and Others v Power Construction (Pty) Ltd (C85/2014)

NUM and Others v Power Construction (Pty) Ltd (C85/2014) [2016] ZALCCT 24; (2017) 38 ILJ 227 (LC) (27 July 2016)

Court

Labour Court Cape Town

Case number

C85/2014

Judge

A Steenkamp

The Labour Court held that dismissals for a three-day unprotected strike were substantively and procedurally fair, despite the absence of a formal hearing.

• Unprotected Strike
• Dismissal For Strike Action
• Procedural Fairness
• Sectoral Determination
• Disciplinary Hearing Requirements
• Unprotected-strike