South Africa Case Law

Edelweiss Glass and Aluminium (Pty) Ltd v National Union of Metal Workers of South Africa and Others (JA69/09)

Edelweiss Glass and Aluminium (Pty) Ltd v National Union of Metal Workers of South Africa and Others (JA69/09) [2011] ZALAC 17; [2012] 1 BLLR 10 (LAC); (2011) 32 ILJ 2939 (LAC) (3 August 2011)

Court

Labour Appeal Court

Case number

JA69/09

Judges

Jappie, Waglay, Davis

The Labour Appeal Court held that the strike did not lose its protected status when the employees raised the demand for a 13th cheque, as there was no clear evidence that the organisational rights dispute had been abandoned. The employer failed to communicate with the union regarding its interpretation of the strike's nature and did not follow fair procedure before dismissing the employees. The court found that the dismissals were automatically unfair under section 187(1)(a) of the LRA. The compensation awarded by the Labour Court was within the statutory limits and was just and equitable in…

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• Automatically Unfair Dismissal
• Protected Strike
• Organisational Rights
• Compensation Award
• Collective Bargaining
• Strike Procedure

Placer Dome Western Areas Joint Venture T/A South Deep v National Union of Mineworkers (J788/03)

Placer Dome Western Areas Joint Venture T/A South Deep v National Union of Mineworkers (J788/03) [2003] ZALC 62 (27 May 2003)

Court

Labour Court

Case number

J788/03

Judge

A A Landman

The Labour Court held that a defective CCMA referral was substantially cured, found compliance with section 64(1), and discharged the interdict against the strike.

• Strike Procedure
• Jurisdiction Of Ccma
• Substantial Compliance
• Amendment Of Referral
• Interdict Against Strike
• Protected-strike

National Entitled Workers Union and Others v Metal & Engineering Industries Bargaining Council (Transvaal Region) and Others (J440/01)

National Entitled Workers Union and Others v Metal & Engineering Industries Bargaining Council (Transvaal Region) and Others (J440/01) [2001] ZALC 136; [2002] 1 BLLR 62 (LC); (2001) 22 ILJ 2689 (LC) (29 August 2001)

Court

Labour Court

Case number

J440/01

Judge

L Gering

The Court found that the dispute referred was a single dispute concerning the employer's refusal to bargain on matters of mutual interest, based on its interpretation of the collective agreement. The refusal to issue an advisory award by the conciliator rendered him functus officio. The Labour Court, applying purposive interpretation, held that the statutory requirement for an advisory award under section 64(2) must be given effect to avoid rendering the dispute resolution mechanism unworkable. The Court ordered the Bargaining Council to appoint a new conciliator to issue an advisory award wi…

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• Refusal To Bargain
• Advisory Award
• Collective Agreement Interpretation
• Strike Procedure
• Extension Of Collective Agreement

County Fair Foods (Pty) Ltd v Food And Allied Workers Union and others (CA7/00)

County Fair Foods (Pty) Ltd v Food And Allied Workers Union and others (CA7/00) [2001] ZALAC 1; [2001] 5 BLLR 494 (LAC); (2001) 22 ILJ 1103 (LAC) (15 February 2001)

Court

Labour Appeal Court

Case number

CA7/00

Judges

RMM Zondo, E.L. Goldstein, D.M. Davis

The Labour Appeal Court held that a strike is protected if it complies with the Labour Relations Act, even if a collective-agreement procedure was not exhausted.

• Protected Strike
• Collective Agreement
• Strike Procedure
• Limitations On Right To Strike
• Costs Award
• Protected-strike