South Africa Case Law

SA Container Depots (Pty) Ltd t/a Bidvest SACD v Sheriff: Durban Coastal and Others (D16/2025)

SA Container Depots (Pty) Ltd t/a Bidvest SACD v Sheriff: Durban Coastal and Others (D16/2025) [2025] ZALCD 3; (2025) 46 ILJ 1263 (LC) (28 January 2025)

Court

Labour Court Durban

Case number

D16/2025

Judge

Allen-Yaman

The court found that the strike action undertaken by the third to further respondents was procedurally and substantively compliant with the Labour Relations Act and did not offend any of its limitations. The acts of violence, while serious and temporally linked to the strike, did not constitute a basis in law for declaring the strike unprotected, as the LRA does not provide for such a limitation. Furthermore, the applicant failed to establish a causal connection between the violent acts and any of the respondents or their members. The court held that, absent such a link, interdictory relief c…

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• Protected Strike
• Strike Related Violence
• Picketing Rules
• Interdictory Relief
• Collective Bargaining
• Urgency In Labour Disputes

Nkatingi v Road Agency Limpopo (SOC) Ltd (J793/20)

Nkatingi v Road Agency Limpopo (SOC) Ltd (J793/20) [2021] ZALCJHB 30 (4 March 2021)

Court

Labour Court Johannesburg

Case number

J793/20

Judge

Coetzee

The court found that the applicant failed to demonstrate any reasonable prospect of success on appeal against the cost order. The urgency was manufactured by the applicant's conduct, specifically by giving the respondent only 24 hours' notice before approaching the court, without adequate explanation for not acting sooner. The reasons for the cost order were fully addressed in the original judgment, and no new grounds were raised. There were no compelling reasons to grant leave to appeal, and the statutory requirements for leave to appeal were not met.

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• Costs In Labour Court
• Urgency In Labour Disputes
• Leave To Appeal
• Disciplinary Hearing Procedure

National Association of South African Workers obo Members v Kings Hire CC (J2290/19)

National Association of South African Workers obo Members v Kings Hire CC (J2290/19) [2019] ZALCJHB 345; (2020) 41 ILJ 685 (LC); [2020] 3 BLLR 312 (LC) (29 November 2019)

Court

Labour Court Johannesburg

Case number

J2290/19

Judge

S Snyman

The Labour Court dismissed an urgent interdict over a lock-out tied to a 13th cheque dispute, finding no urgency, no clear right, and proper notice.

• Lock Out
• Urgency In Labour Disputes
• Collective Bargaining
• Strike Notice
• Section 64 Lra
• No Work No Pay

Masterbatch South Africa (PTY) LTD v Gidenhuys and Another (J4405/2018)

Masterbatch South Africa (PTY) LTD v Gidenhuys and Another (J4405/2018) [2019] ZALCJHB 15 (29 January 2019)

Court

Labour Court Johannesburg

Case number

J4405/2018

Judge

Tlhotlhalemaje

The court found that the first respondent had signed valid confidentiality and restraint of trade undertakings in favour of the applicant, both in his letter of appointment and in the referenced agreements. The applicant established that Xuba Polymer is a competitor and that the first respondent's employment with Xuba constitutes a breach of the restraint. The applicant demonstrated proprietary interests in the form of confidential information and customer connections, which are at risk of exploitation. The court held that the restraint is reasonable in area but excessive in duration; accordi…

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• Restraint Of Trade
• Confidential Information
• Enforceability Of Contracts
• Customer Connections
• Urgency In Labour Disputes

Vermaak v MEC for Local Government and Traditional Affairs, North West Province and Others (JA15/2014)

Vermaak v MEC for Local Government and Traditional Affairs, North West Province and Others (JA15/2014) [2017] ZALAC 2 (10 January 2017)

Court

Labour Appeal Court

Case number

JA15/2014

Judges

Tlaletsi, Musi, Makgoka

The Labour Appeal Court set aside a punitive attorney-and-own-client costs order in an urgent labour dispute, holding that the applicant’s conduct did not justify such an exceptional sanction.

• Costs In Labour Court
• Punitive Costs Orders
• Urgency In Labour Disputes
• Unfair Dismissal
• Labour-court-costs
• Punitive-costs-orders

Chauke v Pan South African Language Board and Another (J1959/2016)

Chauke v Pan South African Language Board and Another (J1959/2016) [2016] ZALCJHB 491 (9 November 2016)

Court

Labour Court Johannesburg

Case number

J1959/2016

Judge

Van Niekerk

Leave to appeal was dismissed with costs after the court held that the applicant had not shown any basis to disturb a discretionary costs order.

• Costs Award
• Urgency In Labour Disputes
• Leave To Appeal
• Judicial Discretion
• Leave-to-appeal
• Costs-order

Trustees of Lekoa Trust v TAWU and Others (J599/2013)

Trustees of Lekoa Trust v TAWU and Others (J599/2013) [2013] ZALCJHB 85 (26 March 2013)

Court

Labour Court Johannesburg

Case number

J599/2013

Judge

Gush

The Labour Court granted an urgent interim interdict declaring drivers’ refusal to do special hire trips an unprotected strike and restraining further action.

• Unprotected Strike
• Interim Interdict
• Collective Refusal To Work
• Contractual Duties
• Urgency In Labour Disputes
• Unprotected-strike

Baloyi v Department of Communications and Others (J2632/09)

Baloyi v Department of Communications and Others (J2632/09) [2009] ZALC 117; (2010) 31 ILJ 1142 (LC) (17 November 2009)

Court

Labour Court

Case number

J2632/09

Judge

Molahlehi

The Labour Court confirmed that suspending an employee without a genuine chance to respond was unlawful and contrary to audi alteram partem.

• Audi Alteram Partem
• Suspension Of Employee
• Urgency In Labour Disputes
• Disciplinary Procedure
• Unlawful Suspension
• Audi-alteram-partem