South Africa Case Law

Nutrichem (Pty) Ltd v Southern African Clothing and Textile Workers Union and Another (JA47/2023)

Nutrichem (Pty) Ltd v Southern African Clothing and Textile Workers Union and Another (JA47/2023) [2025] ZALAC 13 (26 February 2025)

Court

Labour Appeal Court

Case number

JA47/2023

Judges

Nkutha-Nkontwana JA, Musi AJA, Mooki AJA

The Labour Appeal Court found that the dismissals were automatically unfair under section 187(1)(d) of the Labour Relations Act. The evidence demonstrated that the true reason for dismissal was the employees' union membership and participation in union activities, particularly following the letter of 20 May 2019, rather than operational requirements. The appellant failed to consult the union properly, did not apply fair or objective selection criteria, and increased the number of retrenched employees to include all union members. The Court rejected the appellant's jurisdictional challenge, no…

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• Automatically Unfair Dismissal
• Trade Union Rights
• Section 187 Lra
• Retrenchment Procedure
• Selection Criteria
• Reinstatement

South African Medical Association v South African Medical Association Trade Union and Another (9258/2021)

South African Medical Association v South African Medical Association Trade Union and Another (9258/2021) [2022] ZAGPPHC 752 (5 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

9258/2021

Judge

Bam

The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success on arguments about trade union communication, falsity, or coercion.

• Leave To Appeal Threshold
• Trade Union Rights
• Interdict
• Interpretation Of Court Orders
• Leave-to-appeal
• Section-17-superior-courts-act

FEDCRAW and Others v Jane Furse Builders Supply CC (JS727/2017)

FEDCRAW and Others v Jane Furse Builders Supply CC (JS727/2017) [2019] ZALCJHB 79 (18 April 2019)

Court

Labour Court Johannesburg

Case number

JS 727/2017

Judge

Nkutha-Nkontwana

Labour Court found the dismissals were for misconduct, not union activity, and dismissed the automatically unfair dismissal claim with costs.

• Automatically Unfair Dismissal
• Trade Union Rights
• Misconduct
• Section 187 Lra
• Organisational Rights
• Automatically-unfair-dismissal

Solidarity v National Commissioner of the South African Police Service and Others (16572/2018)

Solidarity v National Commissioner of the South African Police Service and Others (16572/2018) [2018] ZAGPPHC 745 (6 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

16572/2018

Judge

E M Kubushi

The High Court ordered disclosure of most NSF Project records under PAIA, but sent third-party personal information back for notification and consent procedures.

• Promotion Of Access To Information Act
• Trade Union Rights
• Internal Appeal Exhaustion
• Disclosure Of Third Party Information
• Interdict Requirements
• Paia

Union for Police security and Corrections Organisation obo Members and others v South African Custodial Management and Another (J2895/17)

Union for Police security and Corrections Organisation obo Members and others v South African Custodial Management and Another (J2895/17) [2017] ZALCJHB 430 (24 November 2017)

Court

Labour Court Johannesburg

Case number

J2895/17

Judge

E Tlhotlhalemaje

The Labour Court struck off an urgent application challenging employee suspensions, finding the urgency self-created and that CCMA remedies were available.

• Urgent Interdict
• Disciplinary Suspension
• Trade Union Rights
• Unfair Labour Practice
• Alternative Remedy
• Rule 8 Labour Court

Food and Allied Workers Union and Others v Amalgamated Beverage Industries (Pty) Ltd (JS644/15)

Food and Allied Workers Union and Others v Amalgamated Beverage Industries (Pty) Ltd (JS644/15) [2017] ZALCJHB 492 (20 April 2017)

Court

Labour Court Johannesburg

Case number

JS644/15

Judge

Barnes

The Labour Court held that the employees’ refusal to work during a violent strike was unprotected strike action, but the dismissals were unfair for lack of union consultation and an ultimatum.

• Unfair Dismissal
• Unprotected Strike
• Procedural Fairness
• Substantive Fairness
• Compensation
• Trade Union Rights

POPCRU obo Noxungwana v South African Police Services (P486/2012)

POPCRU obo Noxungwana v South African Police Services (P486/2012) [2015] ZALCPE 37 (22 May 2015)

Court

Labour Court Port Elizabeth

Case number

P486/2012

Judge

Prinsloo

The court found that Mr Noxungwana was dismissed for recruiting police trainees as POPCRU members, which constituted participation in lawful trade union activities protected by the Labour Relations Act and the Constitution. The institutional order prohibiting union activities was invalid, and by the time of dismissal, the rule no longer existed. Applying the twofold test for causation, the recruitment of members was the sine qua non and dominant cause of dismissal. Therefore, the dismissal was automatically unfair. The court held that reinstatement is the primary remedy for automatically unfa…

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• Automatically Unfair Dismissal
• Trade Union Rights
• Organisational Rights
• Retrospective Reinstatement

South African Municipal Workers Union v Grootboom and Others (A263/2013)

South African Municipal Workers Union v Grootboom and Others (A263/2013) [2014] ZAFSHC 206 (11 December 2014)

Court

Free State High Court, Bloemfontein

Case number

A263/2013

Judges

C H G van der Merwe, J P Daffue, L B J Moeng

The High Court upheld an appeal and confirmed a final interdict against union members who allegedly instigated assaults, intimidation, and office closures.

• Final Interdict
• Common Purpose
• Trade Union Rights
• Costs Order
• Final-interdict
• Trade-union-law

National Union of Public Service and Allied Workers (NUPSAWU) obo Mani and Others v National Lotteries Board (576/2012)

National Union of Public Service and Allied Workers (NUPSAWU) obo Mani and Others v National Lotteries Board (576/2012) [2013] ZASCA 63; [2013] 8 BLLR 743 (SCA); (2013) 34 ILJ 1931 (SCA) (24 May 2013)

Court

Supreme Court of Appeal

Case number

576/2012

Judges

Nugent, Ponnan, Theron, Pillay, Willis

The Supreme Court of Appeal held that the employees were not dismissed for petitioning their employer or engaging in protected union activities, but for the content of their petition, which amounted to insubordination and brought the employer and its CEO into disrepute. Such conduct is not protected by the Labour Relations Act or the Constitution. The disciplinary process was procedurally fair, and the opportunity to recant was provided to all affected employees. Only those who refused to acknowledge wrongdoing and apologise were dismissed. The court found no inconsistency or unfairness in th…

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• Automatically Unfair Dismissal
• Insubordination
• Trade Union Rights
• Disciplinary Procedure
• Constitutional Rights In Employment

South African National Defence Union v Minister of Defence and Others (1877/2008)

South African National Defence Union v Minister of Defence and Others (1877/2008) [2012] ZAGPPHC 20; 2012 (4) SA 382 (GNP); (2012) 33 ILJ 1061 (GNP) (9 February 2012)

Court

North Gauteng High Court, Pretoria

Case number

1877/2008

Judge

N Kollapen

The court held that a trade union, as a non-trading corporation, has a reputation it is entitled to protect and may sue for defamation if a statement is calculated to cause financial prejudice. The article published by the defendants contained statements that, after the delivery of the Mynhardt J judgment, could no longer be said to be true. The defendants failed to rebut the presumptions of unlawfulness and animus injuriandi, as they continued with publication despite knowing the judgment had found the deductions lawful. The publication was therefore defamatory. However, the court found that…

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• Defamation
• Trade Union Rights
• Damages Assessment
• Authorised Deductions
• Animus Injuriandi