South Africa Case Law

National Union of Metalworkers of South Africa obo Members v Bearing Man Group (Pty) Ltd t/a BMG and Others (JR2644/2018)

National Union of Metalworkers of South Africa obo Members v Bearing Man Group (Pty) Ltd t/a BMG and Others (JR2644/2018) [2021] ZALCJHB 414 (23 October 2021)

Court

Labour Court Johannesburg

Case number

JR 2644/2018

Judge

Tlhotlhalemaje

The court found that the employees participated in an unprotected strike, were issued clear and unambiguous ultimatums, and failed to comply with the final ultimatum. The evidence demonstrated that employees were not prevented from reporting for duty but chose to continue the strike. NUMSA was aware of the employer's intentions and failed to intervene. The Commissioner’s findings were supported by the evidence and fell within the range of reasonable decisions. The dismissal was substantively and procedurally fair, and the review application was dismissed. No costs order was made, as NUMSA did…

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• Unprotected Strike
• Unfair Dismissal
• Disciplinary Enquiry
• Code Of Good Practice
• Ultimatum Procedure

Steel Mining And Commercial Workers Union and Others v S P Cleaning Services CC (J1405/97)

Steel Mining And Commercial Workers Union and Others v S P Cleaning Services CC (J1405/97) [1999] ZALC 164 (18 November 1999)

Court

Labour Court

Case number

J1405/97

Judge

B M Jammy

The Labour Court held that employees who refused to work pending a salary explanation were on an unprotected strike and that their dismissal was fair.

• Unfair Dismissal
• Strike Action
• Procedural Fairness
• Ultimatum Procedure
• Unfair-dismissal
• Strike-action

Marapula and Others v Consteen (Pty) Limited (J1086/98)

Marapula and Others v Consteen (Pty) Limited (J1086/98) [1999] ZALC 63 (23 April 1999)

Court

Labour Court

Case number

J1086/98

Judge

M Jajbhay

The Labour Court upheld the dismissal of employees who took part in an unprotected strike, finding the ultimatum fair and the employer’s conduct not unjustified.

• Unprotected Strike
• Fair Dismissal
• Ultimatum Procedure
• Conciliation
• Code Of Good Practice
• Constitutional Right To Strike

National Union of Metalworkers of South Africa v GM Vincent Metal Sections (Pty) Ltd (Pty)

National Union of Metalworkers of South Africa v GM Vincent Metal Sections (Pty) Ltd (Pty) [1999] ZASCA 18; [1999] 2 All SA 358 (A); 1999 (4) SA 304 (SCA); (1999) 20 ILJ 2003 (SCA) (26 March 1999)

Court

Supreme Court of Appeal

Case number

116/96

Judges

Smalberger JA, Howie JA, Olivier JA, Schutz JA, Melunsky AJA

The Supreme Court of Appeal held that the dismissal of the striking employees following the ultimatum did not constitute an unfair labour practice. The Court found that the ultimatum was reasonable and that the employees were given adequate opportunity to respond but collectively chose to ignore it. The respondent's decision to dismiss was rational and reasonable in light of its deteriorating financial position, the ongoing strike, and the violence against replacement workers. The Court rejected NUMSA's argument that the employer was obliged to reinstate or re-employ the dismissed workers, fi…

Source excerpt

• Unfair Dismissal
• Strike Action
• Ultimatum Procedure
• Reinstatement
• Compensation
• Procedural Fairness