South Africa Case Law

Daku Trading (Pty) Ltd and Another v South African Clothing and Textile Workers Union (PS39/18)

Daku Trading (Pty) Ltd and Another v South African Clothing and Textile Workers Union (PS39/18) [2021] ZALCPE 9; [2021] 9 BLLR 936 (LC); (2021) 42 ILJ 2423 (LC) (17 June 2021)

Court

Labour Court Port Elizabeth

Case number

PS39/18

Judge

Rawjee

The Labour Court upheld issue estoppel for an unlawful-strike damages claim up to 29 November 2016, but left later involvement and undue delay for trial.

• Unlawful Strike
• Issue Estoppel
• Res Judicata
• Prescription
• Damages Claim
• Labour Relations Act

Vodacom (Pty) Ltd and Another v Communication Workers Union and Others (J507/2007)

Vodacom (Pty) Ltd and Another v Communication Workers Union and Others (J507/2007) [2007] ZALC 106 (28 May 2007)

Court

Labour Court

Case number

J507/2007

Judge

M.H. Rampai

The Labour Court discharged an urgent interdict against a threatened strike, holding the employer had not timeously reviewed the conciliation certificate authorising strike action.

• Organisational Rights
• Conciliation Certificate
• Right To Strike
• Unlawful Strike
• Interdict
• Administrative Law Review

National Union of Metal Workers of South Africa and Others v Gearmax (Pty) Ltd (497/89)

National Union of Metal Workers of South Africa and Others v Gearmax (Pty) Ltd (497/89) [1991] ZASCA 26; 1991 (3) SA 20 (AD); (1991) 12 ILJ 778 (A) (26 March 1991)

Court

Supreme Court of Appeal

Case number

497/89

Judges

PREISS, HOEXTER, VIVIER, EKSTEEN, NIENABER, AJA

The court held that the refusal by employees contractually bound to work overtime constituted an unlawful strike under section 65 of the Labour Relations Act. The union, through its senior official Harris, incited the continuation of the unlawful strike by repeatedly assuring members of its lawfulness and refusing to intervene, thereby reaching and influencing the minds of the employees. The union's protestations of non-involvement were rejected as hollow, and its actions were found to amount to incitement within the meaning of the Act. The appeal was dismissed, and the union was ordered to p…

Source excerpt

• Unlawful Strike
• Instigation And Incitement
• Contractual Obligation To Work Overtime
• Interdict
• Costs Award

Administrateur van Transvaal en Andere v Thusi (53/1990)

Administrateur van Transvaal en Andere v Thusi (53/1990) [1990] ZASCA 164 (30 November 1990)

Court

Supreme Court of Appeal

Case number

53/1990

Judges

Botha, Smalberger, Steyn, Grosskopf, Nicholas

The court dismissed an appeal over a summary dismissal after an unlawful strike, holding that the workers were not given a proper chance to make representations.

• Summary Dismissal
• Audi Alteram Partem
• Unlawful Strike
• Procedural Fairness
• Summary-dismissal
• Audi-alteram-partem