South Africa Case Law

Sibanye Gold Limited t/a Sibanye Still Water v Commission for Conciliation, Mediation and Arbitration and Others (JR 1898/2020)

Sibanye Gold Limited t/a Sibanye Still Water v Commission for Conciliation, Mediation and Arbitration and Others (JR 1898/2020) [2025] ZALCCT 22; (2025) 46 ILJ 1416 (LC) (10 April 2025)

Court

Labour Court Cape Town

Case number

JR 1898/2020

Judge

Lagrange

The Labour Court reinstated and dismissed a review of an arbitration award that reinstated an employee for inappropriate pressure during a violent strike but not intimidation.

• Unfair Dismissal
• Intimidation
• Disciplinary Code
• Review Of Arbitration Award
• Strike Action
• Final Written Warning

Dario Investments (Pty) Ltd t/a Tembisa Superspar v Justice for All Workers of South Africa (JAWSA) and Others (2023-085941)

Dario Investments (Pty) Ltd t/a Tembisa Superspar v Justice for All Workers of South Africa (JAWSA) and Others (2023-085941) [2024] ZAGPPHC 1266 (27 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-085941

Judge

Nyathi

The court found that the applicant failed to establish a case for confirmation of the spoliation order. The dispute arose from a protected strike, and the applicant had already sought relief in the Labour Court, which has exclusive jurisdiction over such matters. The applicant did not provide proper authorisation for instituting proceedings, and failed to join necessary parties, including individual workers and mall management. The matter was moot as the employees had been dismissed and there was no ongoing disturbance. The court exercised its discretion not to confirm the rule nisi and dismi…

Source excerpt

• Spoliation
• Urgent Interdict
• Exclusive Jurisdiction
• Non Joinder
• Mootness
• Strike Action

Ethekwini Municipality v South African Municipal Workers union and Others (D119/24)

Ethekwini Municipality v South African Municipal Workers union and Others (D119/24) [2024] ZALCD 33 (20 September 2024)

Court

Labour Court Durban

Case number

D119/24

Judge

Whitcher

The Labour Court dismissed Ethekwini Municipality’s bid to confirm an urgent interdict and its contempt application, finding the relief moot and the service defective.

• Final Interdict
• Contempt Of Court
• Strike Action
• Unlawful Conduct
• Service Of Process
• Final-interdict

Unitrans Passenger (Pty) Ltd t/a Megabus and Coach v Association of Mineworkers and Construction Union (AMCU) obo Members and Others (JR2157/2020)

Unitrans Passenger (Pty) Ltd t/a Megabus and Coach v Association of Mineworkers and Construction Union (AMCU) obo Members and Others (JR2157/2020) [2024] ZALCJHB 358 (3 September 2024)

Court

Labour Court Johannesburg

Case number

JR2157/2020

Judge

Prinsloo

The Labour Court reviewed and set aside an award on a transport allowance dispute, holding the arbitrator wrongly treated a tripartite settlement as bilateral.

• Collective Agreement Interpretation
• Arbitration Review
• Settlement Agreement
• Transport Allowance
• Strike Action
• Variation Of Terms

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

Sibanye Gold Limited t/a Sibanye Stillwater v Commission for Conciliation, Mediation and Arbitration and Others (JR 1910/20)

Sibanye Gold Limited t/a Sibanye Stillwater v Commission for Conciliation, Mediation and Arbitration and Others (JR 1910/20) [2024] ZALCJHB 3; (2024) 45 ILJ 907 (LC) (19 January 2024)

Court

Labour Court Johannesburg

Case number

JR 1910/20

Judge

Tlhotlhalemaje

Labour Court set aside a CCMA award and held that a dismissal for threatening and intimidating a colleague during a violent strike was fair.

• Unfair Dismissal
• Gross Misconduct
• Strike Action
• Review Of Arbitration Award
• Substantive Fairness
• Unfair-dismissal

SATAWU obo Diveti v Bidvest Services (Pty) Ltd t/a Bidvest Prestige Cleaning Services (C162/2022)

SATAWU obo Diveti v Bidvest Services (Pty) Ltd t/a Bidvest Prestige Cleaning Services (C162/2022) [2023] ZALCCT 64 (17 November 2023)

Court

Labour Court Cape Town

Case number

C162/2022

Judge

BN Conradie

The Labour Court found Ms Diveti’s dismissal substantively unfair for misconduct during an unprotected strike, but refused reinstatement and awarded compensation.

• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Strike Action
• Remedies For Unfair Dismissal
• Unfair-dismissal

North West Provincial Legislature and Another v National Education Health and Allied Workers Union obo 158 Members (JA17/22)

North West Provincial Legislature and Another v National Education Health and Allied Workers Union obo 158 Members (JA17/22) [2023] ZALAC 12; [2023] 8 BLLR 745 (LAC); (2023) 44 ILJ 1919 (LAC) (21 June 2023)

Court

Labour Appeal Court

Case number

JA17/22

Judges

Sutherland, Musi, Savage

Section 34 of the BCEA applies to all deductions from remuneration, including those arising from the no work no pay principle. The employer may withhold remuneration for services not rendered during a strike, but once remuneration is paid, any recovery must comply with section 34, requiring agreement or adjudication. The principle of no work no pay does not constitute a law permitting unilateral deductions under section 34(1)(b). There is no conflict between the BCEA and LRA in this context. The doctrine of set-off does not apply where the extent of indebtedness is disputed and not liquidated…

Source excerpt

• Deductions From Remuneration
• No Work No Pay
• Self Help Prohibition
• Set Off
• Section 34 Bcea
• Strike Action

Nation Emancipated & Allied Workers Union of South Africa (NEAWUSA) v Bothaville Milling (Pty) Ltd t/a Thusa Mills (2657/2021)

Nation Emancipated & Allied Workers Union of South Africa (NEAWUSA) v Bothaville Milling (Pty) Ltd t/a Thusa Mills (2657/2021) [2023] ZAFSHC 239 (15 June 2023)

Court

Free State High Court, Bloemfontein

Case number

2657/2021

Judge

Van Rhyn

The High Court refused NEAWUSA’s late application for condonation and leave to appeal, finding the delay unexplained and the appeal lacked prospects.

• Condonation For Late Filing
• Leave To Appeal
• Costs Orders
• Strike Action
• Rule 49 Application
• Condonation

Employees of Colefax Trading (Pty) Ltd and Others v Colefax Trading (Pty) Ltd (J 146/22)

Employees of Colefax Trading (Pty) Ltd and Others v Colefax Trading (Pty) Ltd (J 146/22) [2023] ZALCJHB 89; (2023) 44 ILJ 1526 (LC) (21 April 2023)

Court

Labour Court Johannesburg

Case number

J 146/22

Judge

Tlhotlhalemaje

The Labour Court ordered the applicants to pay wasted costs after they persisted with a moot interdict application despite undertakings that disciplinary hearings would not proceed.

• Costs Award
• Rule Nisi
• Mootness
• Strike Action
• Disciplinary Proceedings
• Costs-award