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South Africa decisions
Decisions matching the current search
Praga Technical (Pty) Ltd v Amcu obo Members (J 177/2023) [2023] ZALCJHB 25 (20 February 2023)
The Labour Court confirmed an interdict against strike action after finding AMCU had not complied with the collective agreement and LRA preconditions.
Commercial Stevedoring Agricultural & Allied Workers Union and Others v Oak Valley Estates (Pty) Limited and Another (CA11/19) [2020] ZALAC 68; (2022) 43 ILJ 1241 (LAC) (17 November 2020)
The Labour Appeal Court held that the Labour Court's order was impermissibly broad and, in effect, amounted to an eviction order by preventing employees from accessing their homes on the employer's premises except for work or picketing in accordance with the rules. This contravened constitutional protections and the principles set out in Zulu v eThekwini Municipality. The Court further found that the Labour Court lacked jurisdiction to adjudicate breaches of picketing rules without prior conciliation by the CCMA, as required by section 69 of the Labour Relations Act. The order was also found…
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Plastic Convertors Association of South Africa (PCASA) obo Members and Others v National Union of Metal Workers of South Africa (NUMSA) and Others (J3725/18) [2020] ZALCJHB 63; [2020] 7 BLLR 690 (LC) (13 March 2020)
The Labour Court dismissed a contempt application over a strike interdict and also dismissed a challenge to the Practice Manual’s contempt procedure.
Epic Foods (Pty) Ltd v Inqubela Phambili Trade Union and Others (J130/18) [2018] ZALCJHB 285 (11 September 2018)
The court found that all interim orders were moot and academic, as the unlawful conduct had ceased and the relevant employees were no longer members of the trade union. The ex parte order against the police was defective due to lack of notice and could not be made final. The contempt application against the trade union failed because contempt requires personal non-compliance by cited officials, not by the entity itself. The first respondent and its members were found jointly and severally liable for a portion of the applicant's costs due to their conduct, but no further relief was granted. Th…
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Sibanye Gold Limited v Association of Mineworkers and Construction Union and Others (J1785/16) [2016] ZALCJHB 328; (2017) 38 ILJ 1193 (LC) (26 August 2016)
The Labour Court interdicts an AMCU strike, holding collective agreements barred the dispute and that any unilateral-change grievance had to go to arbitration.
Imperial Group (Pty) Ltd t/a Imperial Cargo Solutions v SATAWU and Others (J1662/14) [2014] ZALCJHB 294; (2014) 35 ILJ 3162 (LC) (1 August 2014)
The Labour Court held that SATAWU could strike over restored trip fees after Imperial stopped paying them, and discharged the interim interdict.
Unitrans Fuel and Chemical (Pty) Ltd v Transport and Allied Workers Union Of South Africa (TAWUSA) and Another (JA55/10) [2010] ZALAC 20; [2011] 2 BLLR 153 (LAC) ; (2010) 31 ILJ 2854 (LAC) (23 September 2010)
The Labour Appeal Court held that wage-parity and wage-cut complaints could support a strike, but coupling and provident-fund demands were barred by collective agreement.
Woolworths (Pty) Ltd v South African Commercial Catering and Allied Workers Union and Others (JR2203/05) [2005] ZALC 100; [2006] 7 BLLR 713 (LC); (2006) 27 ILJ 1234 (LC) (8 December 2005)
Labour Court refused to confirm a broad interdict against alleged strike misconduct, citing inadequate identification of respondents and the need to protect lawful picketing.
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