South Africa Case Law

Sibanye Gold Limited v Association of Mineworkers and Construction Union and Others (J1785/16)

Sibanye Gold Limited v Association of Mineworkers and Construction Union and Others (J1785/16) [2016] ZALCJHB 328; (2017) 38 ILJ 1193 (LC) (26 August 2016)

Court

Labour Court Johannesburg

Case number

J1785/16

Judge

S Snyman

The Labour Court interdicts an AMCU strike, holding collective agreements barred the dispute and that any unilateral-change grievance had to go to arbitration.

• Collective Agreements
• Strike Interdicts
• Unilateral Change To Conditions
• Exceptio Non Adimpleti Contractus
• Arbitration Procedure
• Unfair Labour Practice

Cape Clothing Association v Southern African Clothing and Textile Workers Union and Another (C 1006/2011)

Cape Clothing Association v Southern African Clothing and Textile Workers Union and Another (C 1006/2011) [2012] ZALCCT 1; [2012] 6 BLLR 552 (LC); (2012) 33 ILJ 1643 (LC) (13 January 2012)

Court

Labour Court Cape Town

Case number

C 1006/2011

Judge

A van Niekerk

The Labour Court held that the dispute was really about interpreting a collective agreement, so it had to go to arbitration, not strike action.

• Interpretation Of Collective Agreements
• Protected Strike Action
• Unilateral Change To Conditions
• Status Quo Relief
• Arbitration Jurisdiction
• Collective-agreement-interpretation

National Union of Mineworkers and Another v Eskom Holding SOC Ltd (J1934/11)

National Union of Mineworkers and Another v Eskom Holding SOC Ltd (J1934/11) [2011] ZALCJHB 85 (23 September 2011)

Court

Labour Court Johannesburg

Case number

J1934/11

Judge

G N Moshoana

The court found that the test for granting leave to appeal was not met. There were no reasonable prospects of success, as the applicants lacked a clear right to the relief sought. The matter did not raise novel points of law, but rather an interesting question that had been previously addressed in other contexts. Furthermore, any appeal would have no practical effect, as the arbitration process would likely be completed before the appeal was heard, rendering the dispute moot. The court emphasized that the LRA provides remedies for unilateral changes to employment conditions and intentionally…

Source excerpt

• Leave To Appeal
• Collective Bargaining
• Unilateral Change To Conditions
• Interdict
• Economic Power
• Good Faith Bargaining

National Union of Metalworkers of South Africa obo Davis and Others v Eskom (J3113/2001)

National Union of Metalworkers of South Africa obo Davis and Others v Eskom (J3113/2001) [2001] ZALC 110; [2001] 10 BLLR 1144 (LC); (2001) 22 ILJ 2023 (LC) (25 July 2001)

Court

Labour Court

Case number

J3113/2001

Judge

B M Jammy

The Labour Court held that section 64(4) barred Eskom from unilaterally implementing a wage increase before 30 days had elapsed from referral of the specific dispute to the CCMA.

• Unilateral Change To Conditions
• Statutory Interdict
• Conciliation Failure
• Section 64 Labour Relations Act
• Unilateral-change-to-conditions
• Statutory-interdict