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South Africa decisions
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Tharisa Minerals (Pty) Ltd v National Union of Mineworkers and Others (2025/051769) [2025] ZALCJHB 344 (4 August 2025)
The Labour Court discharged an interim interdict against an alleged unprotected strike because the strike had ceased and some workers had been dismissed.
Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22) [2025] ZALCJHB 304 (24 July 2025)
The court found that the respondent failed to discharge its onus to prove that the three shop stewards were guilty of incitement, as no credible evidence was led against them. The deductions from bonus payments were lawful and did not amount to provocation. The strike lasted for three days and was not of limited duration. Although formal written ultimatums were not issued, the employees were adequately warned through union engagement and shop steward communication. The respondent applied discipline inconsistently by dismissing some employees without valid final written warnings and treating s…
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Nxelane and Others v Chep SA (Pty) Ltd and Others (P35/2023) [2025] ZALCPE 12 (23 July 2025)
The court found that the applicants' condonation application was inadequately prepared and failed to address the prospects of success regarding their dismissals for participation in an unprotected strike. The applicants' attorneys failed to review the pleadings upon inheriting the matter and only sought advice from senior counsel at the last minute. Despite the unsatisfactory conduct, the court held that refusing the postponement would severely prejudice the applicants and deny them a fair opportunity to supplement their case. The interests of justice required that the applicants be allowed t…
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Boomerang Fruits (Pty) Ltd v Umkhonto Wesizwe and Others (2025/061014) [2025] ZALCCT 54 (16 July 2025)
The court found that the employees embarked on an unprotected strike without complying with the procedural requirements of the Labour Relations Act. The political party, Umkhonto Wesizwe, although denying instigation, played an active role in supporting and representing the strikers, participating in demonstrations, mediating demands, and issuing antagonistic media statements. The evidence showed that the party's involvement went beyond mere advisory support and amounted to acting as a de facto representative akin to a union. The court held that the interim interdict should be confirmed as a…
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South African Clothing and Textile Workers Union (SACTWU) v House of Cleaning (Variation) (JS 78/22) [2025] ZALCJHB 253 (26 June 2025)
The Labour Court refused condonation for the respondent’s late statement of response, finding its reliance on clause 16 of the Practice Manual was not a reasonable explanation.
South African Clothing and Textile Workers Union (SACTWU) v House of Cleaning (JS78/22) [2025] ZALCJHB 241 (19 June 2025)
The Labour Court refused condonation for the respondent’s late statement of response, finding its reliance on Clause 16 of the Practice Manual was not a reasonable explanation.
Choko-Choko and Others v Tharisa Minerals (Pty) Ltd (2025/072040) [2025] ZALCJHB 233 (19 June 2025)
The Labour Court's jurisdiction to intervene in incomplete disciplinary proceedings is strictly limited to exceptional circumstances, which the applicant failed to establish. The application was moot as the disciplinary hearing had already taken place, and no reasonable apprehension of future harm was demonstrated. The applicant did not satisfy the requirements for an interim interdict, particularly the existence of a prima facie right and irreparable harm. The applicant had alternative remedies available, such as internal appeal and unfair dismissal proceedings. The application was meritless…
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Association of Mineworkers and Construction Union obo Maroga and 38 Others v Eastern Chrome Mines (Samancor Ltd) (JS857/20) [2025] ZALCJHB 153 (23 April 2025)
Mineworkers refused underground work over COVID-19 fears. The Labour Court found the refusal was an unprotected strike, but dismissal was too harsh and ordered reinstatement.
South African Municipal Workers Union obo Makhatini and Others v City of Tshwane Metropolitan Municipality (JS295/2024) [2025] ZALCJHB 38 (31 January 2025)
The Labour Court dismissed a condonation application for a late statement of case, finding the delay excessive and the explanation vague and inadequate.
South African Municipal Workers Union obo Mahlangu and Others v City of Tshwane Metropolitan Municipality (JS 211/2024) [2025] ZALCJHB 39 (31 January 2025)
The Labour Court refused condonation for a late unfair dismissal referral arising from an unprotected strike, finding the delay excessive and inadequately explained.
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