National Union of Metalworkers of South Africa obo Members v PM Manufacturing CC (JS146/20) [2024] ZALCJHB 474 (26 November 2024)
Court
Labour Court Johannesburg
Case number
JS146/20
Judge
Tlhotlhalemaje
Labour Court held that dismissals for participation in an unprotected strike were procedurally and substantively fair after ignored ultimatums and refusal to return to work.
MTO Forestry (Pty) Ltd and Others v Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (CEPPWAWU) (PA14/16) [2018] ZALAC 21; [2018] 10 BLLR 950 (LAC) (19 July 2018)
Court
Labour Appeal Court
Case number
PA14/16
Judges
Phatshoane, Musi, Savage
The Labour Appeal Court found that the locking of the gates was due to a genuine misunderstanding and not a lockout or provocation. The employees were informed of the situation and offered compensation, but refused to return to work, instead using the opportunity to support a national strike. The employer issued three ultimata, involved the union, and obtained a court order, all of which were ignored by the employees. The differentiation in discipline between Boskor and Stellenbosch employees was justified by their respective responses to the court order. The procedural fairness of the dismis…
Food and Allied Workers' Union and Others v Marulha Landgoed (Pty) Ltd (JS375/13) [2018] ZALCJHB 15 (24 January 2018)
Court
Labour Court Johannesburg
Case number
JS375/13
Judge
E Tlhotlhalemaje
The court found that the applicants participated in two unprotected strikes, both planned and not provoked by unjustified conduct of the employer. The employer's reduction of working hours was communicated in advance and was not unlawful. The employer failed to contact the union prior to issuing the final ultimatum, breaching procedural fairness requirements. However, ultimatums issued complied with the Code of Good Practice. The disciplinary hearings were held and not challenged for fairness. Selective re-employment was arbitrary and not based on objective criteria. The dismissals were subst…
South African Clothing and Textile workers Union and Others v Filtafelt (Pty) Ltd (JS263/15) [2017] ZALCJHB 483 (14 November 2017)
Court
Labour Court Johannesburg
Case number
JS263/15
Judge
S Snyman
The Labour Court held that employees who staged an unprotected strike were fairly dismissed, with no provocation, no inconsistency, and no procedural unfairness.
Association of Mineworkers and Construction Union (AMCU) and Others v Australian Laboratory Services (Pty) Ltd (JS315/12) [2017] ZALCJHB 398 (1 November 2017)
Court
Labour Court Johannesburg
Case number
JS 315/12
Judge
Lagrange
The Labour Court held that dismissals of AMCU members after an unprotected strike were substantively and procedurally unfair, awarding compensation instead of reinstatement.
Food and Allied Workers' Union and Others v La Visagie and Seun (JS831/13) [2017] ZALCJHB 288 (10 August 2017)
Court
Labour Court Johannesburg
Case number
JS831/13
Judge
Lagrange
The court found that the dismissals were substantively unfair. The initial strike was provoked by confusion and poor communication regarding the implementation of the sectoral determination wage increase and the employer's variation application. The employer failed to notify the union of the formal variation application and did not communicate the outcome of the worker poll or the implications for wages. Although the initial strike was unprotected, the workers heeded the ultimatums and agreed to return to work after the employer provided proof of provisional variation. The subsequent strike o…
Mndebele and Others v Xstrata South Africa (Pty) Ltd t/a Xstrata Alloys (Rustenburg Plant) (JA57/12) [2016] ZALAC 28; (2016) 37 ILJ 2610 (LAC) (14 June 2016)
Court
Labour Appeal Court
Case number
JA57/12
Judges
Waglay JP, Ndlovu JA, Murphy AJA
The Labour Appeal Court refused condonation and reinstatement after finding the employees’ refusal to attend a wellness launch was an unprotected strike and dismissal fair.
Kampte and Others v Pre-Plan International (Pty) Ltd (JS899/11) [2013] ZALCJHB 148 (24 July 2013)
Court
Labour Court Johannesburg
Case number
JS899/11
Judge
Molahlehi
The Labour Court found that employees took part in an unprotected strike, but their dismissals were substantively unfair because the employer failed to consider mitigation and used an inadequate ultimatum.
Motor Transport Workers Union obo Sehularo and Others v G4 Cash Services (Pty) Ltd (JS1108/09) [2012] ZALCJHB 112; (2013) 34 ILJ 1221 (LC) (12 October 2012)
Court
Labour Court Johannesburg
Case number
JS1108/09
Judge
Bhoola
Dismissal of employees for an unprotected strike at a cash-in-transit branch was found procedurally and substantively fair.
