South Africa Case Law

Unitrans Passenger (Pty) Ltd t/a Megabus and Coach v Association of Mineworkers and Construction Union (AMCU) obo Members and Others (JR2157/2020)

Unitrans Passenger (Pty) Ltd t/a Megabus and Coach v Association of Mineworkers and Construction Union (AMCU) obo Members and Others (JR2157/2020) [2024] ZALCJHB 358 (3 September 2024)

Court

Labour Court Johannesburg

Case number

JR2157/2020

Judge

Prinsloo

The Labour Court reviewed and set aside an award on a transport allowance dispute, holding the arbitrator wrongly treated a tripartite settlement as bilateral.

• Collective Agreement Interpretation
• Arbitration Review
• Settlement Agreement
• Transport Allowance
• Strike Action
• Variation Of Terms

South African Municipal Workers Union v Matjhabeng Local Municipality (JS55/06)

South African Municipal Workers Union v Matjhabeng Local Municipality (JS55/06) [2010] ZALC 190; [2011] 3 BLLR 299 (LC); (2011) 32 ILJ 1220 (LC) (10 December 2010)

Court

Labour Court

Case number

JS55/06

Judge

Francis

The Court found that the provision of free transport to and from work was not a gratuitous arrangement but a contractual term of employment for the affected employees. This conclusion was based on uncontested evidence that employees were expressly told upon employment that transport would be provided, and they relied on this undertaking. The respondent failed to call witnesses to contradict the applicant’s evidence or to prove that the benefit was gratuitous. The doctrine of quasi-mutual assent applies, rendering the employees’ reasonable belief in the contractual nature of the benefit bindin…

Source excerpt

• Conditions Of Employment
• Unilateral Change Of Terms
• Remuneration Benefits
• Collective Bargaining
• Transport Allowance