National Association of South African Workers obo Members v Kings Hire CC (J2290/19) [2019] ZALCJHB 345; (2020) 41 ILJ 685 (LC); [2020] 3 BLLR 312 (LC) (29 November 2019)
Court
Labour Court Johannesburg
Case number
J2290/19
Judge
S Snyman
The Labour Court dismissed an urgent interdict over a lock-out tied to a 13th cheque dispute, finding no urgency, no clear right, and proper notice.
Xinergistrix (Pty) Ltd v Motor Transport Workers Union of South Africa (MTWUSA) and Others (J2801/16) [2016] ZALCJHB 548 (30 December 2016)
Court
Labour Court Johannesburg
Case number
J2801/16
Judge
Tlhotlhalemaje
The Labour Court held that withdrawing disputed transport did not amount to a unilateral change to conditions of employment, and interdicted the strike.
Putco (Pty) Limited v Transport And Allied Workers Union of South Africa and Another (JA106/13) [2015] ZALAC 14; [2015] 8 BLLR 783 (LAC); (2015) 36 ILJ 2048 (LAC) (5 May 2015)
Court
Labour Appeal Court
Case number
JA106/13
Judges
Musi, Murphy, Dlodlo
The Labour Appeal Court held that the Labour Court erred in resolving factual disputes regarding participation in the strike on the papers without referring the matter to oral evidence, as required by the Plascon-Evans rule. The Court found that the lock-out was lawfully instituted against all employees in the bargaining unit, including members of the first respondent, because the wage negotiations and resultant collective agreement at the bargaining council affected all employees, and the majoritarian principle applied. The employer was entitled to lock-out all employees who did not accept i…
National Union of Metalworkers of South Africa (NUMSA) obo Members v National Employers Association of South Africa (NEASA) and Others (J2976/2014) [2014] ZALCJHB 506; [2015] 3 BLLR 321 (LC) ; (2015) 36 ILJ 753 (LC) (23 December 2014)
Court
Labour Court Johannesburg
Case number
J2976/2014
Judge
AC Basson
The Labour Court held NEASA’s continued lockout unlawful after NUMSA unconditionally accepted the lockout demands, and ordered wages paid and the lockout stopped.
