South Africa Case Law

South African Medical Association Trade Union and Another v South African Medical Association NPC (A104/23)

South African Medical Association Trade Union and Another v South African Medical Association NPC (A104/23) [2024] ZAGPPHC 1055 (25 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

A104/23

Judges

Moshoana, Potterill, Engelbrecht

The court found that the circular distributed by the appellants was addressed to their own members and did not constitute interference with the respondent's business or membership. There was no evidence of falsehood or unlawful competition, and the respondent failed to prove that its rights were infringed. The trade union's right to communicate with its members is protected by law and cannot be restrained. The order granted by the court below was cast in vague and unspecified terms, rendering it ineffective and unenforceable. The requirements for a final interdict were not met, and the applic…

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• Trade Union Membership
• Unlawful Competition
• Interdict
• Doctrine Of Effectiveness
• Union Communication Rights

South African Medical Association Trade Union v South African Medical Association NPC and Another (490/2022)

South African Medical Association Trade Union v South African Medical Association NPC and Another (490/2022) [2023] ZASCA 71 (24 May 2023)

Court

Supreme Court of Appeal

Case number

490/2022

Judges

Gorven, Meyer, Goosen, Molefe, Masipa

The Supreme Court of Appeal dismissed SAMATU’s appeal to wind up SAMA, holding the alleged debt was bona fide disputed and liquidation was not just and equitable.

• Company Liquidation
• Just And Equitable Winding Up
• Trade Union Membership
• Corporate Personality Abuse
• Account And Debatement
• Labour Relations Act

Lenmed Ethekwini Hospital v Commission for Conciliation,Mediation and Arbitration(CCMA) and Others (D1001/19)

Lenmed Ethekwini Hospital v Commission for Conciliation,Mediation and Arbitration(CCMA) and Others (D1001/19) [2022] ZALCD 27 (8 July 2022)

Court

Labour Court Durban

Case number

D1001/19

Judge

Lawrence

The court found that the arbitrator properly considered the relevant factors under Section 21 of the Labour Relations Act and was entitled to determine sufficient representativity based on the circumstances, not solely on numerical thresholds. The applicant's attempt to introduce new evidence regarding union membership after the arbitration was impermissible, as review proceedings are limited to the record before the arbitrator. Even if the additional affidavits were accepted, the reduction in union membership was negligible and did not materially affect the outcome. The arbitrator's award gr…

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• Organisational Rights
• Sufficient Representativity
• Review Of Arbitration Award
• Trade Union Membership
• Locus Standi
• Costs Discretion

National Union of Metalworkers of South Africa (NUMSA) and Others v AFGRI Animal Feeds (PTY) Ltd (JA29/2021)

National Union of Metalworkers of South Africa (NUMSA) and Others v AFGRI Animal Feeds (PTY) Ltd (JA29/2021) [2022] ZALAC 99; (2022) 43 ILJ 1998 (LAC); [2022] 10 BLLR 902 (LAC) (17 June 2022)

Court

Labour Appeal Court

Case number

JA29/2021

Judges

Phatshoane, Savage, Phatudi

The Labour Appeal Court held that the Labour Court erred in finding that NUMSA lacked locus standi to represent the employees in unfair dismissal proceedings solely because the employees' industry fell outside the union's constitutional scope. The distinction between organisational rights and individual representation is critical: while a union's constitutional scope limits its ability to bargain collectively and exercise organisational rights, it does not bar the union from representing members in individual disputes such as unfair dismissal claims. The right to representation in such matter…

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• Locus Standi
• Trade Union Membership
• Unfair Dismissal
• Representation Rights
• Labour Relations Act
• Collective Bargaining

Association of Mineworkers and Construction Union v UASA - The Union and Others (JA52/2019)

Association of Mineworkers and Construction Union v UASA - The Union and Others (JA52/2019) [2020] ZALAC 63; (2021) 42 ILJ 327 (LAC) (13 November 2020)

Court

Labour Appeal Court

Case number

JA52/2019

Judges

F Kathree-Setiloane, DM Davis, P Coppin

The Labour Appeal Court held that the arbitrator erred by relying on the Coalition's membership figures as at 31 October 2017, rather than determining representativity at the date of the arbitration hearing (18 October 2018). The arbitrator failed to make the necessary enquiries to establish current membership and incorrectly focused on categories C and D instead of the workplace as a whole. The Labour Court replicated this error by accepting the outdated figures and failing to require proof of current membership. As the Coalition did not discharge its onus to prove representativity at the re…

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• Organisational Rights
• Representativity Thresholds
• Trade Union Membership
• Review Of Arbitration Award
• Collective Agreements

MEC for Health, Western Cape v Coetzee and Others (CCT137/19)

MEC for Health, Western Cape v Coetzee and Others (CCT137/19) [2020] ZACC 3; (2020) 41 ILJ 1303 (CC); 2020 (6) BCLR 674 (CC) (20 March 2020)

Court

Constitutional Court

Case number

CCT 137/19

Judges

Khampepe, Froneman, Jafta, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court held that the respondents, as Principal and Chief Specialists in public hospitals, were employed on the fixed establishment of the Department and thus qualified as public servants within the meaning of the Labour Relations Act and Public Service Act. The collective agreement on the scarce skills allowance was negotiated for their benefit and binds the applicant as employer and the relevant trade unions, including SAMA acting jointly with DENOSA. The applicant's arguments regarding trade union membership, employment status, and scope of the Bargaining Council were reje…

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• Collective Agreements
• Scope Of Bargaining Council
• Public Service Definition
• Scarce Skills Allowance
• Trade Union Membership
• Leave To Appeal

MEC for the Department of Health, Western Cape v Coetzee and Others (CA5/2018)

MEC for the Department of Health, Western Cape v Coetzee and Others (CA5/2018) [2019] ZALAC 48 (3 May 2019)

Court

Labour Appeal Court

Case number

CA5/2018

Judges

Coppin, Murphy, Savage

The Labour Appeal Court held that teaching-hospital specialists were within the bargaining council scope and entitled to a scarce skills allowance.

• Collective Agreement Interpretation
• Scope Of Bargaining Council
• Public Service Definition
• Scarce Skills Allowance
• Teaching Hospital Employment
• Trade Union Membership

MacDonald's Transport Upington (Pty) Ltd v Association of Mineworkers and Construction Union (AMCU) and Others (JA10/2016)

MacDonald's Transport Upington (Pty) Ltd v Association of Mineworkers and Construction Union (AMCU) and Others (JA10/2016) [2016] ZALAC 32; (2016) 37 (ILJ) 2593 (LAC); [2017] 2 BLLR 105 (LAC) (28 June 2016)

Court

Labour Appeal Court

Case number

JA10/2016

Judges

Tlaletsi, Ndlovu, Sutherland

The Labour Appeal Court held that, on a proper interpretation of the AMCU constitution, membership is acquired upon submission and acceptance of the application form, and is not conditional on actual payment of subscription fees. The provisions regarding lapse of membership due to arrears are triggered only after a stop order facility is activated and non-payment occurs thereafter. The employer's delay in facilitating stop order deductions cannot be used to undermine union membership. The right to representation in unfair dismissal proceedings before the Bargaining Council is primarily the ri…

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• Trade Union Membership
• Unfair Dismissal
• Representation Rights
• Interpretation Of Union Constitution
• Review Of Arbitration Awards

National Union of Mineworkers and Others v Spiderwebb Altitudes Systems (Pty) Ltd (JS91/15)

National Union of Mineworkers and Others v Spiderwebb Altitudes Systems (Pty) Ltd (JS91/15) [2016] ZALCJHB 480 (4 April 2016)

Court

Labour Court Johannesburg

Case number

JS91/15

Judge

Van Niekerk

The Labour Court rejected an automatically unfair dismissal claim based on union membership, but found the retrenchment procedurally unfair and awarded compensation.

• Automatically Unfair Dismissal
• Unfair Retrenchment
• Trade Union Membership
• Compensation
• Procedural Fairness
• Automatically-unfair-dismissal

MTN SP (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2471/12)

MTN SP (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2471/12) [2016] ZALCJHB 120 (18 March 2016)

Court

Labour Court Johannesburg

Case number

JR2471/12

Judge

E Bester

The Labour Court found that the Commissioner was not bound by previous rulings regarding union membership and costs, and was entitled to determine the merits of the dispute afresh. The Commissioner’s finding that the employees were members of the union at the relevant times was reasonable and supported by the evidence, including the union’s constitution and membership forms. The dismissal was found to be substantively unfair. However, the Commissioner failed to consider whether reinstatement on the same terms and conditions was reasonably practicable given the restructuring and retrenchment c…

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• Unfair Dismissal
• Reinstatement
• Compensation
• Trade Union Membership
• Arbitration Review