South Africa Case Law

Msi and Others v National Union of Mineworkers National Executive Committee (J1714/19)

Msi and Others v National Union of Mineworkers National Executive Committee (J1714/19) [2019] ZALCJHB 222 (16 August 2019)

Court

Labour Court Johannesburg

Case number

J1714/19

Judge

Van Niekerk

The Labour Court dismissed an urgent application to reinstate suspended union office-bearers, holding that the precautionary suspensions complied with the union constitution.

• Union Constitution Compliance
• Precautionary Suspension
• Interim Relief
• Disciplinary Procedure
• Union-constitution-compliance
• Precautionary-suspension

Seatlholo and Others v Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union and Others (J131/16)

Seatlholo and Others v Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union and Others (J131/16) [2016] ZALCJHB 39 (9 February 2016)

Court

Labour Court Johannesburg

Case number

J131/16

Judge

Lagrange

The Labour Court held that it lacked jurisdiction under section 158(1)(e) of the LRA to set aside the suspension of the first applicant, as he was not a union member but an employee, and the statutory provision only applies to disputes between unions and their members. Regarding the urgency of the application, the court found that the applicants failed to justify the degree of urgency required for the relief sought, particularly in relation to the challenge to the validity of the NEC meeting and the adoption of financial statements. The applicants delayed in raising objections and imposed unr…

Source excerpt

• Trade Union Governance
• Locus Standi
• Interim Relief
• Urgency Requirements
• Union Constitution Compliance

Chauke and Others v Food And Allied Workers' Union and Others (C377/2012)

Chauke and Others v Food And Allied Workers' Union and Others (C377/2012) [2015] ZALCCT 44 (28 May 2015)

Court

Labour Court Cape Town

Case number

C377/2012

Judge

Rabkin-Naicker

The court found that the National Office Bearers did not have the constitutional authority to expel the applicants from their positions as office bearers and members. The relevant clauses of the union's constitution reserve the power to remove office bearers to the National Executive Council and the bodies that elected them, not the National Office Bearers. The disciplinary process relied upon by the respondents was not compliant with the constitution, as it bypassed the specific procedures and bodies designated for removal and appeal. The expulsion was therefore unlawful and set aside. The c…

Source excerpt

• Trade Union Expulsion
• Union Constitution Compliance
• Disciplinary Procedure
• Removal Of Office Bearers