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…

Source excerpt

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

UASA and Another v BHP Billiton Energy Coal South Africa Ltd and Another (J354/13)

UASA and Another v BHP Billiton Energy Coal South Africa Ltd and Another (J354/13) [2013] ZALCJHB 26; [2013] 6 BLLR 602 (LC); (2013) 34 ILJ 2118 (LC) (5 March 2013)

Court

Labour Court Johannesburg

Case number

J354/13

Judge

Steenkamp

Labour Court granted interim relief against implementing a new threshold agreement, holding the main dispute over collective agreement validity should be arbitrated by the CCMA.

• Organisational Rights
• Collective Agreements
• Thresholds Of Representativeness
• Interim Interdict
• Jurisdiction Of Ccma
• Organisational-rights