South Africa Case Law

National Union of Metalworkers of SA v Vanachem Vanadium Products (Pty) Ltd (J1869/15)

National Union of Metalworkers of SA v Vanachem Vanadium Products (Pty) Ltd (J1869/15) [2015] ZALCJHB 429 (17 December 2015)

Court

Labour Court Johannesburg

Case number

J1869/15

Judge

Nkutha-Nkontwana

The court found that the respondent's operations are expressly excluded from the application of the MEIBC Main Agreement, as they involve the production of iron and ferro-alloys. Although the parties have entered into plant-level collective agreements that extend certain provisions of the Main Agreement, these do not cover lay-off or short time. The respondent's unilateral implementation of lay-offs and short time was therefore unlawful. The court also rejected the respondent's defence of res judicata, as previous proceedings did not finally determine the lawfulness of the lay-off and short t…

Source excerpt

• Collective Agreements
• Main Agreement Exclusion
• Unlawful Layoff
• Short Time
• Res Judicata
• Strike Settlement

Cadema Industries (Pty) Ltd v De Kock NO and Others (C400/06)

Cadema Industries (Pty) Ltd v De Kock NO and Others (C400/06) [2007] ZALCCT 12 (15 February 2007)

Court

Labour Court Cape Town

Case number

C400/06

Judge

Pillay D

The Labour Court reviewed and set aside an arbitration award on short time, holding that the Main Agreement required only one day’s notice and that the arbitrator lacked jurisdiction on one issue.

• Collective Consultation
• Short Time
• Main Agreement Interpretation
• Arbitration Review
• Labour-law
• Arbitration-review