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South Africa Case Law

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Labour Law [2019] ZALAC 30

Wallenius Wilhelmsen Logistics Vehicle Services v National Union of Metalworkers of South Africa and Others (PA01/18)

Wallenius Wilhelmsen Logistics Vehicle Services v National Union of Metalworkers of South Africa and Others (PA01/18) [2019] ZALAC 30; (2019) 40 ILJ 1254 (LAC); [2019] 8 BLLR 795 (LAC) (26 February 2019)

The Labour Appeal Court held that the MIBCO Constitution barred plant-level bargaining and strike action on the wage demand, and upheld the interdict.

  • Collective Bargaining
  • Strike Prohibition
  • Centralised Bargaining
  • Collective Agreement Interpretation
  • Peace Clause
  • Level Of Bargaining
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Labour Law [2016] ZALAC 87

Mawethu Civils v NUM and Others (PA2/14)

Mawethu Civils v NUM and Others (PA2/14) [2016] ZALAC 87 (20 April 2016)

The Labour Appeal Court held that a dispute over paid leave linked to a practice was an unfair labour practice, making the strike unprotected under the LRA.

  • Unfair Labour Practice
  • Strike Prohibition
  • Arbitration Referral
  • Benefits Dispute
  • No Work No Pay
  • Unfair-labour-practice
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Labour Law [2016] ZALAC 13

Mawethu Civils (Pty) Ltd and Another v National Union of Mineworkers and Others (PA24/14)

Mawethu Civils (Pty) Ltd and Another v National Union of Mineworkers and Others (PA24/14) [2016] ZALAC 13; [2016] 7 BLLR 661 (LAC); (2016) 37 ILJ 1851 (LAC) (20 April 2016)

The Labour Appeal Court held the strike was unprotected because the dispute was an unfair labour practice referable to arbitration under the LRA.

  • Unfair Labour Practice
  • Strike Prohibition
  • Arbitration Referral
  • Benefits Dispute
  • Section 65 Lra
  • Section 191 Lra
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Labour Law [2001] ZALC 79

Enforce Guarding v National Security (D664/2001)

Enforce Guarding v National Security (D664/2001) [2001] ZALC 79; [2001] 10 BLLR 1122 (LC); (2001) 22 ILJ 2457 (LC) (30 May 2001)

The Labour Court held that the overtime and shift dispute was one of mutual interest, not barred by the collective agreement, and refused the interdict.

  • Collective Agreements
  • Strike Prohibition
  • Overtime Entitlement
  • Bargaining Council Constitution
  • Collective-agreements
  • Strike-action
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.