South Africa Case Law

Bam and Others v BME (a member of Omnia Group (Pty) Ltd) (JS1181/2013)

Bam and Others v BME (a member of Omnia Group (Pty) Ltd) (JS1181/2013) [2021] ZALCJHB 419 (17 November 2021)

Court

Labour Court Johannesburg

Case number

JS1181/2013

Judge

Lagrange

The court found that the strike was unprotected, as established by prior court orders and the collective agreement prohibiting industrial action on wages and substantive conditions during its term. The employer issued multiple ultimatums and provided opportunities for engagement, but the applicants remained inflexible and did not unconditionally tender their services. The wage demands were opportunistic and unreasonable, and the applicants failed to communicate any intention to return to work. The employer's actions complied with statutory requirements for dismissal in the context of mass ind…

Source excerpt

• Unprotected Strike
• Strike Dismissal
• Procedural Fairness
• Substantive Fairness
• Collective Bargaining
• Compensation For Damages

National Union of Mineworkers and Others v Roberts Brothers Construction (Pty) Ltd and Another (P05/14; P06/14)

National Union of Mineworkers and Others v Roberts Brothers Construction (Pty) Ltd and Another (P05/14; P06/14) [2017] ZALCPE 13 (3 October 2017)

Court

Labour Court Port Elizabeth

Case number

P05/14; P06/14

Judge

Lagrange

The Labour Court granted leave to appeal against a prior ruling on strike dismissals, union notification, procedural fairness, and a six-month compensation award.

• Procedural Fairness
• Strike Dismissal
• Compensation Award
• Labour Relations Act
• Union Notification
• Labour-law

McCoy's Doors and Windows v Security, Cleaning, Manufacturing and Allied Workers Union and Others (JR553/13)

McCoy's Doors and Windows v Security, Cleaning, Manufacturing and Allied Workers Union and Others (JR553/13) [2013] ZALCJHB 309 (3 December 2013)

Court

Labour Court Johannesburg

Case number

JR553/13

Judge

Cele

The Labour Court refused leave to appeal against confirmation of a rule nisi, finding no reasonable prospect another court would reach a different result.

• Leave To Appeal
• Confirmation Of Rule Nisi
• Strike Dismissal
• Costs Order
• Leave-to-appeal
• Rule-nisi

National Union of Mineworkers and Others v Hartebeesfontein Gold Mining Company Ltd. (57/86)

National Union of Mineworkers and Others v Hartebeesfontein Gold Mining Company Ltd. (57/86) [1986] ZASCA 41; 1986 (3) SA 53 (A); (1986) 7 ILJ 275 (A) (27 March 1986)

Court

Supreme Court of Appeal

Case number

57/86

Judges

Rabie, Jansen, Hoexter, Galgut, Nicholas

The Appellate Division held that the industrial court’s reserved questions were not presented as a proper special case and were too abstract for decision.

• Special Case Procedure
• Unfair Labour Practice
• Strike Dismissal
• Jurisdiction Of Industrial Court
• Special-case-procedure
• Industrial-court-jurisdiction