South Africa Case Law

Voice of Workers of South Africa Civil Rights Union and Another v Megabus Coach (Pty) Ltd (JS907/2020)

Voice of Workers of South Africa Civil Rights Union and Another v Megabus Coach (Pty) Ltd (JS907/2020) [2025] ZALCJHB 324 (28 July 2025)

Court

Labour Court Johannesburg

Case number

JS907/2020

Judge

Kumalo MP

The Labour Court found Lindiwe Mahlangu’s dismissal substantively unfair after unprotected strike allegations were not proved against her and reinstatement was ordered.

• Unfair Dismissal
• Strike Definition
• Parity Principle
• Consistency In Discipline
• Reinstatement Remedy
• Unfair-dismissal

CCI South Africa (Pty) Ltd v African National Congress Youth League and Others (DA31/22)

CCI South Africa (Pty) Ltd v African National Congress Youth League and Others (DA31/22) [2024] ZALAC 7; [2024] 5 BLLR 435 (LAC); (2024) 45 ILJ 969 (LAC) (6 March 2024)

Court

Labour Appeal Court

Case number

DA31/22

Judges

Waglay JP, Mlambo JA, Malindi AJA

The Labour Appeal Court dismissed a moot appeal over a proposed protest, holding the Labour Court lacked jurisdiction because the action involved a political party, not employees or a union.

• Jurisdiction Of Labour Court
• Regulation Of Gatherings Act
• Mootness
• Strike Definition
• Protest Action
• Role Of Political Parties In Labour Disputes

Department of Public Works and Roads, North-West v National Union of Public Service and Allied Workers Union (J1577/23)

Department of Public Works and Roads, North-West v National Union of Public Service and Allied Workers Union (J1577/23) [2024] ZALCJHB 99; [2024] 5 BLLR 492 (LC); (2024) 45 ILJ 1003 (LC) (12 February 2024)

Court

Labour Court Johannesburg

Case number

J1577/23

Judge

R Daniels

The Labour Court discharged an interim interdict against a union after finding no ongoing or future harm to justify final relief, and made no costs order.

• Interdict
• Strike Definition
• Jurisdiction Of Labour Court
• Costs In Labour Court
• Protected Strike
• Requirements For Final Interdict

Mogalakwena Municipality v South African Municipal Workers Union (SAMWU) and Others (J 1202/2022)

Mogalakwena Municipality v South African Municipal Workers Union (SAMWU) and Others (J 1202/2022) [2022] ZALCJHB 332 (11 November 2022)

Court

Labour Court Johannesburg

Case number

J 1202/2022

Judge

Prinsloo

The Labour Court confirmed a final interdict against union members who unlawfully disrupted municipal operations, intimidated staff, and blocked access at the municipality.

• Final Interdict
• Unlawful Conduct
• Strike Definition
• Intimidation
• Municipal Services
• Costs In Labour Court

SSG Security Solutions (Pty) Ltd v Academic and Professional Staff Association (APSA) and Another (J 1456/21)

SSG Security Solutions (Pty) Ltd v Academic and Professional Staff Association (APSA) and Another (J 1456/21) [2022] ZALCJHB 68 (28 March 2022)

Court

Labour Court Johannesburg

Case number

J 1456/21

Judge

Tlhotlhalemaje

The court found that the employees' refusal to work on 18 November 2021 constituted a strike as defined in section 213 of the Labour Relations Act. The respondents' denials were bare and did not raise genuine disputes of fact; thus, the applicant's version prevailed under the Plascon-Evans principle. The strike was unprotected due to non-compliance with section 64 of the LRA, as no dispute was referred to the CCMA and no strike notice was issued. The interim order's declaratory relief regarding the unprotected strike was confirmed. However, the applicant failed to provide sufficient evidence…

Source excerpt

• Unprotected Strike
• Interim Interdict
• Section 64 Lra
• Service Of Process
• Locus Standi
• Strike Definition

Sasol Mine Limited v Nhlapo and Others (JA20/2020)

Sasol Mine Limited v Nhlapo and Others (JA20/2020) [2021] ZALAC 28; (2021) 42 ILJ 2589 (LAC); [2021] 12 BLLR 1209 (LAC) (9 September 2021)

Court

Labour Appeal Court

Case number

JA20/2020

Judges

Waglay JP, Savage AJA, Molefe AJA

The Labour Appeal Court upheld dismissals of employees who took part in an unprotected underground strike at Sasol Mine, finding the sanction fair.

• Unprotected Strike
• Unfair Dismissal
• Consistency Of Discipline
• Strike Definition
• Procedural Fairness
• Substantive Fairness

G4S Cash Solutions SA (Pty) Ltd v Motor Transport Workers Union of South Africa (MTWU) and Others (JA51/15)

G4S Cash Solutions SA (Pty) Ltd v Motor Transport Workers Union of South Africa (MTWU) and Others (JA51/15) [2016] ZALAC 22; (2016) 37 (ILJ) 1832 (LAC) (26 May 2016)

Court

Labour Appeal Court

Case number

JA51/15

Judges

Davis, C J Musi, Sutherland

The Labour Appeal Court held that G4S employees were not contractually obliged to work Sundays, so their refusal was not a strike and the Labour Court had jurisdiction.

• Contractual Obligations
• Collective Agreements
• Strike Definition
• Tacit Terms
• Jurisdiction Of Labour Court
• Labour-law

AMCU v Verulam Sawmills (Pty) Ltd and Another; In re: Verulam Sawmills (Pty) Ltd v Magagula and Others (82258/2015)

AMCU v Verulam Sawmills (Pty) Ltd and Another; In re: Verulam Sawmills (Pty) Ltd v Magagula and Others (82258/2015) [2015] ZAGPPHC 991; (2016) 37 ILJ 1325 (GP) (4 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

82258/2015

Judge

Msimeki

The court allowed AMCU to intervene, held the employees were still on strike, found the High Court lacked jurisdiction, and dismissed the urgent application with costs.

• Strike Definition
• Jurisdiction Of High Court
• Intervention In Proceedings
• Protected Strike
• Urgency
• Alternative Remedies

SATAWU obo Mtshweni v Xinergistix Management Services Proprietary Limited (JS326/12)

SATAWU obo Mtshweni v Xinergistix Management Services Proprietary Limited (JS326/12) [2014] ZALCJHB 523 (6 November 2014)

Court

Labour Court Johannesburg

Case number

JS326/12

Judge

G Malindi

The court found that the applicant was part of a strike that commenced on 4 December 2011. Although the other drivers were dismissed on 6 December 2011, the applicant's absence was justified by sick leave and other reasons. However, when ultimatums were issued to return to work, the applicant failed to contradict the respondent's allegation that he continued to participate in the strike. The court held that the nature of the strike does not change when only one striker remains; the applicant remained on strike. Regarding procedural fairness, the court found that the applicant was given opport…

Source excerpt

• Unfair Dismissal
• Strike Definition
• Procedural Fairness
• Disciplinary Hearing Requirement

NUMSA and Others v Atlantis Forge (Pty) Ltd (LC308/03)

NUMSA and Others v Atlantis Forge (Pty) Ltd (LC308/03) [2005] ZALC 13; [2005] 12 BLLR 1238 (LC) ; (2005) 26 ILJ 1984 (LC) (9 September 2005)

Court

Labour Court

Case number

LC308/03

Judge

Murphy

Labour Court case on an unprotected strike, disciplinary warnings, and selective dismissal after a bonus-date dispute at Atlantis Forge.

• Unprotected Strike
• Progressive Discipline
• Final Written Warning
• Procedural Fairness
• Substantive Fairness
• Strike Definition