South Africa Case Law

Mavuso and Another v Commission for Gender Equality (05581/23)

Mavuso and Another v Commission for Gender Equality (05581/23) [2025] ZAGPPHC 166 (17 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

05581/23

Judge

LG Kilmartin

The court found that the applicants' employment contracts expressly entitled them to a 17% employer pension allowance, and the respondent's unilateral withdrawal of this benefit constituted a breach of contract. The respondent failed to conduct any meaningful consultation prior to the withdrawal, and the purported ex post facto consultation two years later did not cure the procedural defect. The court rejected the respondent's prescription argument, holding that only the earliest months could be prescribed due to the continuing nature of the debt. The court further held that section 3 of Act…

Source excerpt

• Breach Of Employment Contract
• Unilateral Change Of Terms
• Consultation Requirements
• Prescription
• Jurisdiction
• Specific Performance

Solidarity obo Members and Another v Ernest Lowe, a Division of Hugado Trading (Pty) Ltd (J49/22)

Solidarity obo Members and Another v Ernest Lowe, a Division of Hugado Trading (Pty) Ltd (J49/22) [2022] ZALCJHB 61; (2022) 43 ILJ 1125 (LC); [2022] 6 BLLR 566 (LC) (14 March 2022)

Court

Labour Court Johannesburg

Case number

J49/22

Judge

M Makhura

The Court found that the respondent's admission policy did not constitute a mandatory vaccination policy, as it provided employees with the alternative of weekly Covid-19 testing. The applicants failed to identify any specific contractual term that was breached or unilaterally changed by the introduction of the admission policy. The policy did not require vaccination as a condition of employment, nor did it unlawfully alter the terms of the contract. Furthermore, the respondent acted in accordance with its statutory duties under OHSA to maintain a safe working environment and conducted a risk…

Source excerpt

• Contractual Obligations
• Covid19 Workplace Policies
• Occupational Health And Safety
• Urgent Interdict
• Unilateral Change Of Terms

BEMWU obo Lengoasa and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 2279/17)

BEMWU obo Lengoasa and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 2279/17) [2020] ZALCJHB 260 (17 December 2020)

Court

Labour Court Johannesburg

Case number

JR 2279/17

Judge

Van Niekerk

Labour Court review dismissed: the arbitrator reasonably found that a shift-pattern change was lawful, consultative, and did not justify refusal to work.

• Unilateral Change Of Terms
• Collective Agreement
• Insubordination
• Dismissal For Misconduct
• Arbitration Review
• Arbitration-review

MEC for Health, Northern Cape Province v HOSPERA obo Harvey and Others (C472/19)

MEC for Health, Northern Cape Province v HOSPERA obo Harvey and Others (C472/19) [2020] ZALCCT 34 (26 October 2020)

Court

Labour Court Cape Town

Case number

C472/19

Judge

H Rabkin-Naicker

The Labour Court reviewed and set aside an arbitration award, finding jurisdictional and procedural defects and remitting the dispute for rehearing before a different arbitrator.

• Review Of Arbitration Award
• Jurisdiction Of Bargaining Council
• Condonation For Late Filing
• Unilateral Change Of Terms
• Remittal For Rehearing
• Review-of-arbitration-award

NUMSA obo King and Others v BMW South Africa (Pty) Ltd (JS 740/18; JS 410/17; JS 177/17)

NUMSA obo King and Others v BMW South Africa (Pty) Ltd (JS 740/18; JS 410/17; JS 177/17) [2020] ZALCJHB 115 (11 March 2020)

Court

Labour Court Johannesburg

Case number

JS 740/18; JS 410/17; JS 177/17

Judge

GN Moshoana

The Labour Court held that employees retired before the agreed age of 65 were automatically unfairly dismissed, and that acquiescence did not validate the unilateral change.

• Automatically Unfair Dismissal
• Retirement Age
• Unilateral Change Of Terms
• Prescription
• Breach Of Contract
• Employment Equity Act

National Union of Metalworkers of South Africa and Others v Arcelormittal South Africa Ltd (JA43/2017)

National Union of Metalworkers of South Africa and Others v Arcelormittal South Africa Ltd (JA43/2017) [2018] ZALAC 62 (7 June 2018)

Court

Labour Appeal Court

Case number

JA43/2017

Judges

Musi, Jappie, Savage

The Labour Appeal Court held that the employer did not initiate a section 189 process, as no section 189(3) notice was issued and no retrenchments were contemplated. The consultation process between the employer and the union occurred outside the statutory framework of section 189. The union was entitled to strike to force meaningful consultation, as the dispute concerned a matter of mutual interest and there is nothing in the Labour Relations Act that precludes such industrial action. The Labour Court erred in confirming the rule nisi, as the consultation process was not concluded and the un…

Source excerpt

• Right To Strike
• Consultation Process
• Section 189 Lra
• Unilateral Change Of Terms
• Service Of Documents

Reddi and Others v Mercedes-Benz South Africa Limited and Others (J3053/14)

Reddi and Others v Mercedes-Benz South Africa Limited and Others (J3053/14) [2017] ZALCJHB 362 (28 September 2017)

Court

Labour Court Johannesburg

Case number

J3053/14

Judge

Mabaso

The Labour Court dismissed a motion claiming unilateral breach of employment contracts over car and fuel benefits, holding the contracts were not properly pleaded or proven.

• Breach Of Employment Contract
• Motion Proceedings
• Confirmatory Affidavits
• Rule 18 6 Uniform Rules
• Unilateral Change Of Terms
• Labour-law

TAWUSA v Unitrans Fuel & Chemical (Pty) Ltd (JA 44/2013)

TAWUSA v Unitrans Fuel & Chemical (Pty) Ltd (JA 44/2013) [2015] ZALAC 82 (24 June 2015)

Court

Labour Appeal Court

Case number

JA 44/2013

Judges

Davis, Ndlovu, Landman

The Labour Appeal Court held that the demands made by the appellants regarding wage discrepancies and wage cuts, as interpreted and pursued in the strike, affected wages and costs and thus constituted substantive issues subject to collective bargaining at the Bargaining Council. The judgment clarified that only demands relating to the restoration of wages for the Shell-7 employees, following unilateral reduction, fell outside the scope of the Main Agreement and could be the subject of protected strike action. The broader demands for wage parity and increases for all employees were not protect…

Source excerpt

• Protected Strike
• Collective Bargaining
• Main Agreement Interpretation
• Condonation
• Unilateral Change Of Terms

South African Policing Union v National Commissioner: South African Police Services and Others (J1740/14)

South African Policing Union v National Commissioner: South African Police Services and Others (J1740/14) [2014] ZALCJHB 455 (24 July 2014)

Court

Labour Court Johannesburg

Case number

J1740/14

Judge

Steenkamp

The Labour Court granted an urgent interim interdict against the SAPS National Commissioner’s extension of a leave cycle, finding a prima facie right and risk of harm.

• Collective Agreement
• Interim Interdict
• Leave Entitlement
• Unilateral Change Of Terms
• Dispute Resolution
• Prima Facie Right

NEHAWU obo Nkambule v MEC: Department of Finance and Another (J 2241/13)

NEHAWU obo Nkambule v MEC: Department of Finance and Another (J 2241/13) [2013] ZALCJHB 288 (31 October 2013)

Court

Labour Court Johannesburg

Case number

J 2241/13

Judge

Van Niekerk

The Labour Court dismissed an urgent application challenging a precautionary transfer to a call centre, finding no breach of contract and no basis for final relief.

• Precautionary Transfer
• Breach Of Contract
• Unilateral Change Of Terms
• Unfair Labour Practice
• Demotion
• Disciplinary Code