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Labour Law [2020] ZALCJHB 129

Macsteel Service Centres SA (Pty) Ltd v National Union of Metal Workers of South Africa and Others (J483/20)

Macsteel Service Centres SA (Pty) Ltd v National Union of Metal Workers of South Africa and Others (J483/20) [2020] ZALCJHB 129; [2020] 8 BLLR 772 (LC) ; (2020) 41 ILJ 2670 (LC) (3 June 2020)

Court
Labour Court Johannesburg
Case number
J483/20
Judge
Prinsloo

The Labour Court held that a 20% salary reduction was a unilateral change to employment terms, but the employees’ strike remained unprotected was not established.

  • Unilateral Change To Terms And Conditions
  • Protected Strike
  • Covid 19 Temporary Employee Relief Scheme
  • Collective Bargaining
  • Main Agreement Exemption
  • No Work No Pay
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Labour Law [2017] ZALCJHB 260

Nyambi and Others v H C Shaik Investment CC and Another (J1471/17)

Nyambi and Others v H C Shaik Investment CC and Another (J1471/17) [2017] ZALCJHB 260; (2017) 38 ILJ 2806 (LC) (5 July 2017)

Court
Labour Court Johannesburg
Case number
J1471/17
Judge
Lagrange

The court found that the applicants have a suitable alternative remedy available under the LRA: they can initiate a primary strike against the first respondent and, if necessary, a secondary strike against the second respondent, provided statutory requirements are met. The economic pressure exerted by such a strike would be indistinguishable from a primary strike against the second respondent. The applicants did not demonstrate why this alternative was inadequate. The court distinguished the present case from De Klerk v Project Freight Group CC, noting that the applicants are not prevented fr…

Source excerpt

  • Unilateral Change To Terms And Conditions
  • Protected Strike Action
  • Temporary Employment Service
  • Arbitration Pending
  • Alternative Remedy
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Labour Law [2015] ZALCCT 22

Intercape Ferreira Mainliner (Pty) Ltd and Another v NUMSA and Others (C 179/2015)

Intercape Ferreira Mainliner (Pty) Ltd and Another v NUMSA and Others (C 179/2015) [2015] ZALCCT 22 (2 April 2015)

Court
Labour Court Cape Town
Case number
C 179/2015
Judge
Steenkamp

The Labour Court found that added driver duties at Intercape were work-practice changes, not a unilateral change to terms and conditions, so the strike was unprotected.

  • Unilateral Change To Terms And Conditions
  • Protected Strike
  • Section 64 Lra
  • Managerial Prerogative
  • Contractual Obligations
  • Basic Conditions Of Employment
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Labour Law [2014] ZALCJHB 197

Imperial Group (Pty) t/a Imperial Cargo Solutions v South African Transport And Allied Workers Union and Others (J2903/13)

Imperial Group (Pty) t/a Imperial Cargo Solutions v South African Transport And Allied Workers Union and Others (J2903/13) [2014] ZALCJHB 197; (2014) 35 ILJ 3154 (LC) (2 June 2014)

Court
Labour Court Johannesburg
Case number
J2903/13
Judge
R Lagrange

The court found that the union's notice regarding the transportation of casual workers was ambiguous and did not meet the clarity required by section 64(4) of the LRA, rendering any strike action on that issue unprotected. However, the notice concerning the withdrawal of trip fees (shunting money) was sufficiently clear, and the union was entitled to embark on protected strike action on that issue, but only for the duration of the conciliation period as prescribed by section 64(1)(a). After the expiry of that period, a fresh strike notice would be required. The applicant was entitled to an in…

Source excerpt

  • Strike Interdict
  • Unilateral Change To Terms And Conditions
  • Protected Strike
  • Strike Notice Requirements
  • Conciliation Period
  • Collective Agreement
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Labour Law [2013] ZALCJHB 75

Pikitup Johannesburg (SOC) Ltd v South African Municipal Workers Union and Others (J920/2013)

Pikitup Johannesburg (SOC) Ltd v South African Municipal Workers Union and Others (J920/2013) [2013] ZALCJHB 75; (2014) 35 ILJ 188 (LC) (15 May 2013)

Court
Labour Court Johannesburg
Case number
J920/2013
Judge
Prinsloo

The Court found that the withdrawal of free transport and the half day off on payday were longstanding practices but did not constitute terms and conditions of employment, as they were not provided for in the employees' contracts or the collective agreement. The discontinuation of these practices did not affect the essential terms and conditions of employment or the functions of the employees. Consequently, there was no unilateral change to terms and conditions of employment. The procedural requirements for a protected strike under section 64(4) and (5) of the Labour Relations Act did not app…

Source excerpt

  • Unilateral Change To Terms And Conditions
  • Protected Strike
  • Collective Agreement Interpretation
  • Benefits Vs Practices
  • Strike Interdict
  • Section 64 Labour Relations Act
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Labour Law [2013] ZALCCT 2

Du Randt v Ultramat South Africa (Pty) Ltd and Another (C 376/2012)

Du Randt v Ultramat South Africa (Pty) Ltd and Another (C 376/2012) [2013] ZALCCT 2; [2013] 6 BLLR 573 (LC); (2013) 34 ILJ 2228 (LC) (15 February 2013)

Court
Labour Court Cape Town
Case number
C 376/2012
Judge
Steenkamp

The Labour Court dismissed an employee’s bid to restore home-office terms, holding he had an alternative CCMA remedy for an alleged unfair labour practice.

  • Unilateral Change To Terms And Conditions
  • Demotion
  • Specific Performance
  • Unfair Labour Practice
  • Ccma Referral
  • Strike Action
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Labour Law [2011] ZALCJHB 230

Pride Milling Company (Pty) Ltd v FGWU and Others (J 469/11)

Pride Milling Company (Pty) Ltd v FGWU and Others (J 469/11) [2011] ZALCJHB 230 (4 August 2011)

Court
Labour Court Johannesburg
Case number
J 469/11
Judge
CAWE

The Labour Court discharged a rule nisi, upheld the CCMA certificate, and ordered restoration of previous tea and lunch breaks plus compensation.

  • Unilateral Change To Terms And Conditions
  • Protected Strike
  • Collective Agreement
  • Meal Intervals
  • Section 64 Lra
  • Fair Labour Practices
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Labour Law [2001] ZALC 42

Airlink Pilots Association SA v SA Airlines (Pty) Ltd and Another (J818/01)

Airlink Pilots Association SA v SA Airlines (Pty) Ltd and Another (J818/01) [2001] ZALC 42; [2001] 6 BLLR 587 (LC); (2001) 22 ILJ 1359 (LC) (19 March 2001)

Court
Labour Court
Case number
J818/01
Judge
E Revelas

The Labour Court held that a pilot selection scheme linked to Embraer Jets was a unilateral change to employment terms and ordered interim relief pending CCMA referral.

  • Unilateral Change To Terms And Conditions
  • Collective Agreement Enforcement
  • Piercing Corporate Veil
  • Seniority System
  • Urgent Interdict
  • Unilateral-change-to-terms-and-conditions
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.