South Africa Case Law

General Industries Workers Union of South Africa and Others v National Bargaining Council for the Furniture Industry and Others (JR414/14)

General Industries Workers Union of South Africa and Others v National Bargaining Council for the Furniture Industry and Others (JR414/14) [2018] ZALCJHB 366 (8 November 2018)

Court

Labour Court Johannesburg

Case number

JR414/14

Judge

Mahosi

The Labour Court upheld a bargaining council’s lack of jurisdiction over a selective re-employment dispute, but set aside the arbitrator’s costs order.

• Jurisdictional Error
• Review Of Arbitration Award
• Costs In Arbitration
• Selective Re Employment
• Unfair Dismissal
• Labour-law

Food and Allied Workers' Union and Others v Marulha Landgoed (Pty) Ltd (JS375/13)

Food and Allied Workers' Union and Others v Marulha Landgoed (Pty) Ltd (JS375/13) [2018] ZALCJHB 15 (24 January 2018)

Court

Labour Court Johannesburg

Case number

JS375/13

Judge

E Tlhotlhalemaje

The court found that the applicants participated in two unprotected strikes, both planned and not provoked by unjustified conduct of the employer. The employer's reduction of working hours was communicated in advance and was not unlawful. The employer failed to contact the union prior to issuing the final ultimatum, breaching procedural fairness requirements. However, ultimatums issued complied with the Code of Good Practice. The disciplinary hearings were held and not challenged for fairness. Selective re-employment was arbitrary and not based on objective criteria. The dismissals were subst…

Source excerpt

• Unprotected Strike
• Procedural Fairness
• Substantive Fairness
• Selective Re Employment
• Disciplinary Hearing
• Ultimatum Requirements

CEPPAWU and Others v Get Fresh Cosmetics SA (Pty) Limited (J 1424/01)

CEPPAWU and Others v Get Fresh Cosmetics SA (Pty) Limited (J 1424/01) [2004] ZALC 21 (24 February 2004)

Court

Labour Court

Case number

J 1424/01

Judge

L.P Pakade

The Labour Court held that selective non-reemployment formed part of the unfair dismissal dispute and did not need a separate CCMA referral.

• Unfair Dismissal
• Strike Action
• Jurisdiction Of Labour Court
• Selective Re Employment
• Conciliation Requirement
• Unfair-dismissal