Disaware (Pty) Ltd t/a Waterkloof Spar v Academic and Professional Staff Associate (41665/2021) [2024] ZAGPPHC 889 (13 September 2024)
Court
North Gauteng High Court, Pretoria
Case number
41665/2021
Judge
N.P. Mali
The High Court held a trade union vicariously liable for unlawful store closures caused by members and an employee, but only awarded proved loss of sales.
Spar Eastern Cape Distribution Centre v Transport, Retail and General Workers Union (THOR) and Others (P30/21) [2021] ZALCPE 12; [2021] 12 BLLR 1264 (LC); (2022) 43 ILJ 1689 (LC) (22 September 2021)
Court
Labour Court Port Elizabeth
Case number
P30/21
Judge
Rawjee
The court found that the applicant had proven the existence and service of the court order and that the respondents, except for the eighth and twenty-seventh respondents, had failed to comply. The evidence, including video footage and affidavits, established that the respondents participated in unlawful protest actions in contravention of the order and picketing rules. The first respondent, as the trade union, failed to control its members and abdicated its responsibilities, making it liable for contempt. The respondents did not establish reasonable doubt regarding wilfulness or mala fides. T…
SATAWU obo Mbewe and Others v Barloworld Logistics (EHL) (JS691/2015) [2017] ZALCJHB 458 (28 November 2017)
Court
Labour Court Johannesburg
Case number
JS691/2015
Judge
S Snyman
The Labour Court dismissed a condonation application over a 20-month delay in bringing an unfair dismissal claim, finding the explanation inadequate and the claim stale.
KPMM Road and Earthworks (Pty) Ltd v Association of Mineworkers and Construction and Others (J1520/16) [2017] ZALCJHB 488; (2018) 39 ILJ 609 (LC) (1 November 2017)
Court
Labour Court Johannesburg
Case number
J1520/16
Judge
S Snyman
Leave to appeal was granted after the court found reasonable prospects that another court could reach a different result in a contempt matter arising from strike-related conduct.
Pikitup Johannesburg (Pty) Ltd (Pikitup) v South African Municipal Workers' Union (SAMWU) and Another (J2362/15) [2016] ZALCJHB 149; (2016) 37 ILJ 1710 (LC) (19 April 2016)
Court
Labour Court Johannesburg
Case number
J2362/15
Judge
Lagrange
The Labour Court found SAMWU and its general secretary in contempt for encouraging an unprotected strike and imposed suspended fines.
Food And Allied Workers Union v In2food (Pty) Ltd (JA61/2013) [2014] ZALAC 31; (2014) 35 ILJ 2767 (LAC) (12 June 2014)
Court
Labour Appeal Court
Case number
JA61/2013
Judges
Tlaletsi, Coppin, Sutherland
The Labour Appeal Court held that there was no evidence proving that the appellant union itself breached the court order. The evidence showed that the union attempted to persuade its members to end the strike, and there was no proof that the union continued or incited the strike after the interdict was granted. The court distinguished between liability for the acts of members and liability for contempt by the union itself, finding that the Labour Court conflated these bases for liability. The order against the union was vague and did not specify mandatory actions, making it unsuitable for imp…
Food and Allied Workers Union v Ngcobo N.O. and Another (CCT 50/13) [2013] ZACC 36; 2013 (12) BCLR 1343 (CC); (2013) 34 ILJ 3061 (CC); 2014 (1) SA 32 (CC); [2013] 12 BLLR 1171 (CC) (9 October 2013)
Court
Constitutional Court
Case number
CCT 50/13
Judges
Cameron, Moseneke, Froneman, Jafta, Madlanga, Mhlantla, Nkabinde, Skweyiya, Van der Westhuizen, Zondo
The Constitutional Court held that the union's constitutional right to determine its own administration, as embodied in section 23(4)(a) of the Constitution and the Labour Relations Act, does not confer immunity from liability for breach of mandate. Clause 5.11 of the union's constitution merely sets out an objective and does not create a contractual term allowing withdrawal from a mandate with impunity. The union undertook to represent the employees and was obliged to prosecute their unfair dismissal claims timeously. Its failure to refer the dispute to the Labour Court within the statutory…
Food & Allied Workers Union v Ngcobo NO and Another (353/12) [2013] ZASCA 45; (2013) 34 ILJ 1383 (SCA); [2013] 7 BLLR 648 (SCA); [2013] 3 All SA 351 (SCA); 2013 (5) SA 378 (SCA) (28 March 2013)
Court
Supreme Court of Appeal
Case number
353/12
Judges
Ponnan JA, Malan JA, Tshiqi JA, Southwood AJA, Plasket AJA
The Supreme Court of Appeal held that FAWU breached its mandate to pursue unfair dismissal claims, but the respondents still proved recoverable damages.
Supreme Springs, division of Met Industrial Ltd v MEWUSA and Others (J 2067/10) [2011] ZALCJHB 231 (10 August 2011)
Court
Labour Court Johannesburg
Case number
J 2067/10
Judge
Van Niekerk
The Labour Court found MEWUSA and named officials in contempt for defying an interdict over an unprotected strike and imposing conditions for a return to work.
Mokgata and Others v Food and Allied Workers Union (21679/04) [2007] ZAGPHC 340; (2007) 28 ILJ 2696 (T) (8 June 2007)
Court
High Courts - Gauteng
Case number
21679/04
Judge
Motata
The court held that union constitutional clauses on legal assistance were not enforceable contractual terms and granted absolution from the instance with costs.
