South Africa Case Law

South African Municipal Workers Union v Maluti-A-Phofung Municipality and Another (C 488/2023)

South African Municipal Workers Union v Maluti-A-Phofung Municipality and Another (C 488/2023) [2023] ZALCCT 60; (2024) 45 ILJ 173 (LC) (23 October 2023)

Court

Labour Court Cape Town

Case number

C 488/2023

Judge

Lagrange

The Labour Court held that, in line with prevailing Constitutional Court authority, the municipality cannot resort to self-help by unilaterally reversing the promotions and salary increases implemented by the previous acting municipal manager. The lawfulness of the original decision must be determined through proper review proceedings, and only the court has the authority to set aside such decisions. In the absence of a counter-application by the municipality to review the original decision, the court cannot pronounce on its legality. The applicants are entitled to enforce the decision for th…

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• Collective Agreements
• Unilateral Change Of Conditions
• Municipal Staff Establishment
• Self Help
• Judicial Review

Inqubela Phambili Trade Union and Others v Pioneer Foods (PTY) Ltd, Wadeville Beverages (JS 740/2019)

Inqubela Phambili Trade Union and Others v Pioneer Foods (PTY) Ltd, Wadeville Beverages (JS 740/2019) [2022] ZALCJHB 314; (2023) 44 ILJ 327 (LC); [2023] 3 BLLR 229 (LC) (10 November 2022)

Court

Labour Court Johannesburg

Case number

JS 740/2019

Judge

Lagrange

Labour Court held that dismissals over a new four-shift system were not automatically unfair and were substantively fair for operational reasons.

• Automatically Unfair Dismissal
• Operational Requirements Retrenchment
• Collective Agreements
• Change In Working Hours
• Section 189 Consultation
• Unilateral Change Of Conditions

Solidarity and Others v Denel (SOC) Ltd (JS241/11)

Solidarity and Others v Denel (SOC) Ltd (JS241/11) [2017] ZALCJHB 107 (24 March 2017)

Court

Labour Court Johannesburg

Case number

JS241/11

Judge

E Tlhotlhalemaje

The Court found that Policy 53 of 2007 was valid, properly communicated, and applicable to all employees, including the applicants. The remuneration adjustment letters could not be read in isolation from the policy. The applicants were aware, or ought to have been aware, of the requirement to be employed at the time of bonus payout. As they had resigned before the bonus was approved and paid, they did not meet all conditions for entitlement. The exclusionary clauses in Policy 53 were binding, and no written exceptions were made. The applicants' alternative arguments failed, as the policy gove…

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• Variable Pay Incentive Scheme
• Contractual Terms Of Employment
• Unilateral Change Of Conditions
• Performance Management
• Remuneration Disputes

National Union of Mineworkers and Another v Eskom Holdings SOC Limited (J1934/11)

National Union of Mineworkers and Another v Eskom Holdings SOC Limited (J1934/11) [2011] ZALCJHB 82; (2012) 33 ILJ 669 (LC) (19 September 2011)

Court

Labour Court Johannesburg

Case number

J1934/11

Judge

G N Moshoana

The court found that the applicants failed to satisfy the requirements for an interim interdict, particularly the existence of a clear or prima facie right. The case as pleaded was abandoned, and the case argued was not properly set out in the founding papers. The implementation of the respondent's final wage offer does not amount to the exercise of economic power as contemplated by the Labour Relations Act, which only prohibits strikes and lockouts in essential services. Once the parties have deadlocked, arbitration is a deadlock-breaking mechanism and not part of collective bargaining. The…

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• Collective Bargaining
• Interdictory Relief
• Unilateral Change Of Conditions
• Essential Services
• Duty To Bargain
• Arbitration Of Interest Disputes

National Construction Building and Allied Workers Union v Hernic Premier Refactories (Pty) Ltd (J3232/00)

National Construction Building and Allied Workers Union v Hernic Premier Refactories (Pty) Ltd (J3232/00) [2002] ZALC 162; (2003) 24 ILJ 837 (LC); [2003] 1 BLLR 50 (LC) (12 August 2002)

Court

Labour Court

Case number

J3232/00

Judge

Francis

The Labour Court held that dismissals used to force acceptance of new employment terms were automatically unfair and ordered reinstatement and costs.

• Automatic Unfair Dismissal
• Mutual Interest Dispute
• Retrenchment
• Collective Bargaining
• Section 187 1 C
• Unilateral Change Of Conditions

Horspersa and Others v Members of the Executive Council (D336/2000)

Horspersa and Others v Members of the Executive Council (D336/2000) [2000] ZALC 59 (29 June 2000)

Court

Labour Court

Case number

D336/2000

Judge

G.O. Van Niekerk

The Labour Court interdicted an employer from forcing X-ray clerks onto a new rotating night-shift roster pending section 74 dispute resolution.

• Unilateral Change Of Conditions
• Essential Services
• Collective Dispute
• Interdict
• Disciplinary Proceedings
• Unilateral-change-of-conditions