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South Africa decisions
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Umhlathuze Local Municipality v South African Municipal Workers Union and Others (2025/095121) [2025] ZALCCT 50 (2 July 2025)
Urgent strike interdict application struck off for non-compliance with section 68(3) of the LRA and lack of urgency; costs awarded against the municipality.
City of Ekurhuleni Metropolitan Municipality v Municipal Employees Civil Servants Union (MECSU) and Others (2025/082833) [2025] ZALCJHB 230 (20 June 2025)
The court found that while MECSU complied with the procedural requirements for a protected strike, the substantive limitations of the Labour Relations Act prohibit essential service workers, such as Metro police officers, from striking. The demands in the strike notice of 27 May 2025 pertained specifically to essential service employees and must be resolved through arbitration, not industrial action. The court held that the intended strike and any conduct in furtherance of such strike, including picketing, relating to Metro police officers, is interdicted. Regarding the demand for permanent e…
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Sasol South Africa Limited v Association of Mineworkers and Construction Union and Another (2025/029924) [2025] ZALCJHB 113 (18 March 2025)
The Labour Court confirmed an interdict against a strike over Sasol’s 4-shift system, finding no live dispute existed when the strike notice was issued.
DPD Laser Logistics (Pty) Ltd v Democratic True Revolutionary Union of South Africa (DETRUSA) and Others (2024/133059) [2024] ZALCJHB 478 (27 November 2024)
The court found that the demands made by DETRUSA and the employees, specifically the suspension and investigation of a management employee, were unlawful as they required the employer to act contrary to the Labour Relations Act, which prohibits unfair suspension or disciplinary action. The demand for consistent application of discipline was held to be a rights dispute, subject to arbitration or adjudication under the LRA, and thus not a permissible basis for protected strike action under section 65(1)(c). The applicant satisfied the requirements for urgent interim relief, having demonstrated…
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UIS Analytical Services (Pty) Ltd v Independent Democratic Union of South Africa and Others (2024/133083) [2024] ZALCJHB 450; [2025] 2 BLLR 207 (LC); (2025) 46 ILJ 642 (LC) (20 November 2024)
The Labour Court dismissed an urgent interdict against a planned strike over 13th-cheque demands, holding the dispute was unregulated and the strike protected.
Eagles Pride Hatchery (Pty) Ltd v South African Clothing and Textile Workers Union and Others (2024/092607) [2024] ZALCJHB 531 (18 November 2024)
The Labour Court dismissed an urgent bid to stop a planned strike over a bonus demand, finding the issue was not covered by the settlement agreement.
United National Breweries v National Enterprises Workers Union Ya-Africa and Others (J642/24) [2024] ZALCJHB 226 (11 June 2024)
The Labour Court granted urgent interim relief to enforce a CCMA picketing agreement and restrain strike-related intimidation, violence, and access obstruction.
Road Accident Fund v National Union of Metalworkers of South Africa (NUMSA) and Another (J283/2024) [2024] ZALCJHB 201; (2024) 45 ILJ 2059 (LC); [2024] 11 BLLR 1183 (LC) (13 May 2024)
The court found that the strike notice issued by NUMSA was defective as it failed to specify the demands clearly, rendering the intended strike unprotected. The notice was generic and did not provide the RAF with sufficient information to avert the strike, especially in light of NUMSA's press release which expanded the scope of demands beyond those referred to conciliation. The court held that NUMSA's locus standi to call for strike action was not restricted by its scope of membership, as employees may heed a union's call to strike even if not lawful members. The objection regarding the autho…
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Western Province Caterers Health Care Division (Pty) Limited v Food and Allied Workers Union and Others (C99/2024) [2024] ZALCJHB 174 (19 April 2024)
The Labour Court discharged an interim interdict against a threatened strike and ordered each party to bear its own costs after the union undertook not to strike.
New Kleinfontein Goldmine (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J 1457/2023) [2023] ZALCJHB 300; (2024) 45 ILJ 159 (LC) (24 October 2023)
The court found that the closed shop agreement between the applicant and NUM remains in force and has not been lawfully terminated in accordance with section 26(15)-(16) of the LRA. All employees in the bargaining unit, including those who hold dual membership with AMCU, are members of NUM by operation of the closed shop agreement and are bound by the collective agreements concluded between the applicant and NUM. The wage agreement contains a peace clause that expressly prohibits strike action over organisational rights. The prohibition applies to all employees subject to the agreement, regar…
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