South Africa Case Law

Vosloo N.O and Another v South African Medical Association NPC and Another (Leave to Appeal) (44983/2020)

Vosloo N.O and Another v South African Medical Association NPC and Another (Leave to Appeal) (44983/2020) [2022] ZAGPPHC 315 (13 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

44983/2020

Judge

N Davis

The High Court granted leave to appeal against its refusal to wind up SAMA, finding competing interpretations of a prior Labour Court judgment created a compelling reason to appeal.

• Trade Union Status
• Winding Up Applications
• Section 13 Labour Relations Act
• Exercise Of Judicial Discretion
• Leave-to-appeal
• Winding-up-applications

Calgan Lounge (Pty) Ltd v National Union of Furniture and Allied Workers Union of South Africa (NUFAWSA) and Others (J2648/18)

Calgan Lounge (Pty) Ltd v National Union of Furniture and Allied Workers Union of South Africa (NUFAWSA) and Others (J2648/18) [2018] ZALCJHB 334; (2019) 40 ILJ 342 (LC); [2019] 4 BLLR 393 (LC) (9 October 2018)

Court

Labour Court Johannesburg

Case number

J2648/18

Judge

Snyman

The Labour Court confirmed an interdict against an unprotected strike and go-slow, holding that the EFF had no lawful role in workplace dispute resolution.

• Unprotected Strike
• Interdict
• Trade Union Status
• Costs Award
• Collective Bargaining
• Locus Standi

Mathole and Others v Governing Body of the CCMA and Others (J2722/17)

Mathole and Others v Governing Body of the CCMA and Others (J2722/17) [2017] ZALCJHB 429; (2018) 39 ILJ 1079 (LC) (20 November 2017)

Court

Labour Court Johannesburg

Case number

J2722/17

Judge

E Tlhotlhalemaje

The Labour Court dismissed an urgent application by Ephraim Mathole for lack of locus standi, finding he was not a bona fide union official and had solicited fees from employees.

• Locus Standi
• Representation Before Labour Court
• Representation Before Ccma
• Solicitation Of Fees
• Trade Union Status
• Abuse Of Process

Workers Equally Support Union of South Africa (WESUSA) obo Modise and Others v Slabbert Burger Transport (Pty) Ltd; In Re: Slabbert Burger Transport (Pty) Ltd v National Bargaining Council for the Road Freight Industry and Others (J745/06; J184/05)

Workers Equally Support Union of South Africa (WESUSA) obo Modise and Others v Slabbert Burger Transport (Pty) Ltd; In Re: Slabbert Burger Transport (Pty) Ltd v National Bargaining Council for the Road Freight Industry and Others (J745/06; J184/05) [2009] ZALCJHB 83 (3 February 2009)

Court

Labour Court Johannesburg

Case number

J745/06; J1840/05

Judge

Van Niekerk

The court found that the arbitrator did not act unethically or commit a reviewable irregularity. The arbitrator's conduct, as described by the respondent's representative, was within the bounds of robust mediation and did not amount to duress, coercion, or misrepresentation. The respondent's representative participated voluntarily and had a mandate to settle. The jurisdictional point could have been pursued but was not, and the respondent's subsequent dissatisfaction was not a basis to set aside the agreement. The settlement agreement was validly concluded and should be made an order of court…

Source excerpt

• Settlement Agreement
• Review Of Arbitration
• Jurisdiction Of Bargaining Council
• Duress And Coercion
• Trade Union Status

Workers Equally Support Union of South Africa ("WESUSA") obo Modise and Others v Slabbert Burger Transport (Pty) Ltd, Slabbert Burger Transport (Pty) Ltd v National Bargaining Council for the Road Freight Industry and Others (J 745/06, J 1840/05)

Workers Equally Support Union of South Africa ("WESUSA") obo Modise and Others v Slabbert Burger Transport (Pty) Ltd, Slabbert Burger Transport (Pty) Ltd v National Bargaining Council for the Road Freight Industry and Others (J 745/06, J 1840/05) [2009] ZALC 214 (3 February 2009)

Court

Labour Court

Case number

J 745/06, J 1840/05

Judge

Van Niekerk

The Labour Court upheld a settlement reached at bargaining council proceedings, finding no duress or reviewable irregularity and ordering payment directly to the employees.

• Settlement Agreement
• Review Of Arbitration
• Jurisdiction Of Bargaining Council
• Duress And Coercion
• Trade Union Status
• Settlement-agreements

Hazely Piggeries Workers v Hazely Piggeries (C374/98)

Hazely Piggeries Workers v Hazely Piggeries (C374/98) [1999] ZALC 149 (23 September 1999)

Court

Labour Court

Case number

C374/98

Judge

Brassey

The Labour Court held that workers’ strike was unprotected, upheld their dismissal as fair, and dismissed the application.

• Unprotected Strike
• Dismissal For Strike Action
• Collective Bargaining
• Procedural Fairness
• Costs Order
• Trade Union Status