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South Africa decisions
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Food And Allied Workers Union and Others v Chauke and Others (C122/16) [2016] ZALCJHB 246 (12 July 2016)
The Labour Court dismissed leave to appeal against an interim order suspending expulsion and discipline within FAWU, holding the order was not final in effect.
Chauke and Others v FAWU and Others (C122/2016) [2016] ZALCCT 10 (5 April 2016)
The Labour Court found that the NEC of FAWU acted ultra vires the union constitution by expelling the first to seventh applicants as members and office bearers. The constitution only allows the appropriate structure, such as the PEC, to discipline and remove office bearers, with a right of appeal to the NEC. The NEC's power is limited to suspension, not expulsion. The previous judgment of Rabkin-Naicker J, which stands unchallenged, confirmed this interpretation. The applicants established a prima facie right to interim relief, as the balance of convenience favoured them and they faced irrepa…
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Chauke and Others v Food And Allied Workers' Union and Others (C377/2012) [2015] ZALCCT 44 (28 May 2015)
The court found that the National Office Bearers did not have the constitutional authority to expel the applicants from their positions as office bearers and members. The relevant clauses of the union's constitution reserve the power to remove office bearers to the National Executive Council and the bodies that elected them, not the National Office Bearers. The disciplinary process relied upon by the respondents was not compliant with the constitution, as it bypassed the specific procedures and bodies designated for removal and appeal. The expulsion was therefore unlawful and set aside. The c…
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South African Transport And Allied Workers Union (SATAWU) v Zondo and Others (J 715/15) [2015] ZALCJHB 126; (2015) 36 ILJ 2348 (LC) (17 April 2015)
The Labour Court held that SATAWU could not bypass its constitution’s disciplinary procedures to expel shop stewards and dismissed the urgent interdict application.
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