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South Africa Case Law

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Labour Law [2024] ZACC 13

AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Limited) v National Union of Metalworkers South Africa and Others (CCT 188/22)

AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Limited) v National Union of Metalworkers South Africa and Others (CCT 188/22) [2024] ZACC 13; 2024 (9) BCLR 1111 (CC); (2024) 45 ILJ 1937 (CC); 2024 (5) SA 576 (CC); [2024] 10 BLLR 999 (CC) (21 June 2024)

Court
Constitutional Court
Case number
CCT 188/22
Judges
Maya, Chaskalson, Dodson, Kollapen, Mathopo, Mhlantla, Rogers, Schippers, Tshiqi

NUMSA's constitution restricts membership to workers in the metal and related industries. The dismissed employees, employed in the animal feeds industry, were not eligible for membership. NUMSA's act in admitting them as members was ultra vires and invalid. Section 200 of the Labour Relations Act does not confer standing on a union to represent non-members. There is no legal basis for distinguishing between standing for organisational rights and standing for representation in unfair dismissal disputes. NUMSA therefore lacked authority and legal standing to represent the dismissed employees in…

Source excerpt

  • Locus Standi
  • Trade Union Scope
  • Unfair Dismissal
  • Ultra Vires Act
  • Labour Relations Act Interpretation
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Labour Law [2024] ZALAC 20

South African Clothing and Textile Workers Union v Bargaining Council for the Furniture Manufacturing Industry - KwaZulu-Natal and Others (DA9/22)

South African Clothing and Textile Workers Union v Bargaining Council for the Furniture Manufacturing Industry - KwaZulu-Natal and Others (DA9/22) [2024] ZALAC 20; (2024) 45 ILJ 1596 (LAC); [2024] 9 BLLR 976 (LAC) (2 May 2024)

Court
Labour Appeal Court
Case number
DA9/22
Judges
Waglay JP, Coppin JA, Savage AJA

The majority (Savage AJA, Waglay JP concurring) held that the appellant union's constitution expressly permitted the National Office Bearers or National Executive Committee to define additional industries as falling within its scope by resolution. The resolution demarcating the furniture industry as an 'other' interest group was made in terms of the registered constitution and did not constitute an amendment or change to the constitution as contemplated by section 101 of the Labour Relations Act. Therefore, no registration of the resolution was required, and the union was entitled to recruit…

Source excerpt

  • Trade Union Scope
  • Constitution Amendment
  • Registration Requirements
  • Organisational Rights
  • Interpretation Of Union Constitutions
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Labour Law [2023] ZALCCT 40

Universal Products Networks (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C664/2022)

Universal Products Networks (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C664/2022) [2023] ZALCCT 40 (5 July 2023)

Court
Labour Court Cape Town
Case number
C664/2022
Judge
Rabkin-Naicker

The Labour Court found that the Commissioner correctly interpreted SACCAWU's constitution as covering employees associated with the distribution operations of Woolworths, even if the applicant itself does not operate a shop. The jurisdictional challenge was dismissed as the union's amended constitution includes the applicant's employees. The demarcation dispute regarding Sectoral Determination 9 was not properly before the Commissioner and cannot be determined by the Labour Court as an adjudicator of first instance. Both parties agreed that Clause 36 of the award, concerning the manner of uni…

Source excerpt

  • Organizational Rights
  • Jurisdiction Of Ccma
  • Trade Union Scope
  • Demarcation Dispute
  • Sectoral Determination
  • Review Of Arbitration Award
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Labour Law [2021] ZALCJHB 348

Combined Cleaners (Pty) Ltd t/a Spot On Cleaners v National Union of Metalworkers of South Africa and Others (J1260/2021)

Combined Cleaners (Pty) Ltd t/a Spot On Cleaners v National Union of Metalworkers of South Africa and Others (J1260/2021) [2021] ZALCJHB 348 (12 October 2021)

Court
Labour Court Johannesburg
Case number
J1260/2021
Judge
Van Niekerk

The court found that the union's constitution does not extend to employees in the laundry and dry cleaning sector, as the definition of 'cleaning' in the constitution refers to activities within the contract cleaning services industry and not laundry or dry cleaning. The union failed to produce any amendment to its constitution that would include the applicant's employees. Previous settlement agreements consistently required such an amendment before organisational rights could be granted. As a result, the applicant's employees are not eligible for union membership, and the union is not entitl…

Source excerpt

  • Organisational Rights
  • Strike Interdict
  • Trade Union Scope
  • Collective Bargaining
  • Prima Facie Right
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Labour Law [2020] ZALCJHB 216

National Union of Metal Workers of South Africa v Tshwane University of Technology (J617/2020)

National Union of Metal Workers of South Africa v Tshwane University of Technology (J617/2020) [2020] ZALCJHB 216; [2020] 11 BLLR 1141 (LC); (2020) 41 ILJ 2686 (LC) (20 July 2020)

Court
Labour Court Johannesburg
Case number
J617/2020
Judge
Prinsloo

The court held that the applicant cannot rely on section 33 of the Constitution or PAJA for relief, as organisational rights and recognition agreements are governed by the Labour Relations Act (LRA). The principle of subsidiarity requires that where legislation exists to give effect to a constitutional right, parties must use that legislation. The termination of the recognition agreement did not constitute administrative action, as employment and labour relationship issues fall outside the scope of PAJA. The applicant's scope, as defined in its constitution, does not include the tertiary educ…

Source excerpt

  • Organisational Rights
  • Trade Union Scope
  • Recognition Agreement
  • Prima Facie Right
  • Administrative Action
  • Costs Award
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Labour Law [2018] ZALCD 3

Lufil Packaging (Isithebe), A division of Bidvest Paperplus (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D459/16, D722/15)

Lufil Packaging (Isithebe), A division of Bidvest Paperplus (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D459/16, D722/15) [2018] ZALCD 3; (2018) 39 ILJ 1786 (LC) (20 April 2018)

Court
Labour Court Durban
Case number
D459/16, D722/15
Judge
Gush

The Labour Court held that the Labour Relations Act does not require a union's constitution or registered scope to be determinative of its entitlement to organisational rights. The only requirements are that the union be registered and sufficiently representative of the employees in the workplace. NUMSA met both requirements, with 70% membership among the applicant's employees. The CCMA was empowered to hear the dispute, and the applicant's challenge to NUMSA's locus standi was unfounded. The ruling and arbitration award were not reviewable, and the applications to set them aside were dismiss…

Source excerpt

  • Organisational Rights
  • Trade Union Scope
  • Locus Standi
  • Collective Bargaining
  • Freedom Of Association
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Labour Law [2014] ZALCCT 58

Bidvest Food Services (Pty) Ltd v NUMSA and Others (C 946/2014)

Bidvest Food Services (Pty) Ltd v NUMSA and Others (C 946/2014) [2014] ZALCCT 58; (2015) 36 ILJ 1292 (LC) (31 October 2014)

Court
Labour Court Cape Town
Case number
C 946/2014
Judge
Steenkamp

The court held that the right to strike is constitutionally protected and, under section 64 of the LRA, every worker may strike if procedural requirements are met, regardless of union membership or the union's constitutional scope. The demand for organisational rights is a matter of mutual interest and not unlawful. The CCMA's jurisdictional ruling stands until set aside, and the respondents complied with all statutory prerequisites for protected strike action. The applicant failed to establish a clear right to the relief sought in respect of declaring the strike unprotected. However, the res…

Source excerpt

  • Organisational Rights
  • Protected Strike
  • Trade Union Scope
  • Final Interdict
  • Collective Bargaining
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.