South Africa Case Law

Communication Workers Union v Sentech SOC Limited and Another (J 215/20)

Communication Workers Union v Sentech SOC Limited and Another (J 215/20) [2020] ZALCJHB 240 (22 October 2020)

Court

Labour Court Johannesburg

Case number

J 215/20

Judge

S B Nhlapo

The court held that the Agency Shop Agreement between CWU and Sentech was concluded for an indefinite period and did not provide otherwise regarding termination. Sentech was entitled to terminate the agreement by giving reasonable notice under section 23(4) of the LRA, and the three months’ notice given was reasonable. The court found that clause 4 of the CWU Recognition Agreement, which purported to grant CWU sole collective bargaining rights, was invalid as it unlawfully restricted the rights of minority unions, contrary to section 23 of the Constitution and section 20 of the LRA. The Organ…

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• Agency Shop Agreement
• Organisational Rights
• Collective Bargaining
• Thresholds Of Representativeness
• Termination Of Collective Agreement

National Tertiary Education Fund and Another v Nelson Mandela University (PS 74/17)

National Tertiary Education Fund and Another v Nelson Mandela University (PS 74/17) [2017] ZALCPE 34; [2018] 4 BLLR 392 (LC) (19 December 2017)

Court

Labour Court Port Elizabeth

Case number

PS 74/17

Judge

Lallie

The court found that the respondent's notice of termination of the Conditions of Service and Benefits Collective Agreement was unreasonably short and did not comply with section 23(4) of the Labour Relations Act. The agreement had been in force for five years, was of indefinite duration, and affected a large number of employees. The respondent's delay in issuing the notice could not justify a short notice period. The applicant had a clear right to the resolution of disputes pending before the CCMA, and termination of the agreement would render those disputes academic and negatively affect mem…

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• Termination Of Collective Agreement
• Reasonable Notice
• Final Interdict
• Collective Bargaining
• Jurisdiction Of Labour Court

Vanchem Vanadium Products (Pty) Ltd v National Union of Metalworkers of South Africa obo Members (JA33/16)

Vanchem Vanadium Products (Pty) Ltd v National Union of Metalworkers of South Africa obo Members (JA33/16) [2016] ZALAC 62; (2017) 38 ILJ 926 (LAC) (8 December 2016)

Court

Labour Appeal Court

Case number

JA33/16

Judges

Tlaletsi, Coppin, Landman

The Labour Appeal Court held that the parties were bound by the Main Agreement through incorporation in a collective agreement and conduct, so the appeal succeeded.

• Collective Agreements
• Main Agreement Binding Effect
• Lay Off And Short Time
• Contractual Incorporation
• Termination Of Collective Agreement
• Collective-agreements

Academic And Professional Staff Association v Pretorius NO and Others (JR1552/06)

Academic And Professional Staff Association v Pretorius NO and Others (JR1552/06) [2007] ZALCJHB 4 (30 August 2007)

Court

Labour Court Johannesburg

Case number

JR1552/06

Judge

Molahlehi AJ

The court found that the applicant failed to provide a reasonable and acceptable explanation for the late filing of the review application, and the delay was not justified by the reasons advanced. The prospects of success were poor and not sufficient to compensate for the delay. On the merits, the court held that the arbitrator acted within his terms of reference, did not commit misconduct or gross irregularity, and did not exceed his powers. The arbitrator properly classified the dispute as one of interest and considered all relevant evidence. The issue of academic freedom was not within the…

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• Review Of Arbitration Award
• Condonation For Late Filing
• Collective Bargaining
• Termination Of Collective Agreement
• Academic Freedom