South Africa Case Law

Bakkavor South Africa (Pty) Ltd t/a Spring Valley Foods v Labour Equity General Workers Union of South Africa (LEWUSA) and Others (J2836/2012)

Bakkavor South Africa (Pty) Ltd t/a Spring Valley Foods v Labour Equity General Workers Union of South Africa (LEWUSA) and Others (J2836/2012) [2013] ZALCJHB 136 (14 May 2013)

Court

Labour Court Johannesburg

Case number

J2836/2012

Judge

Kumalo

Labour Court granted a punitive costs order after violent and obstructive conduct during a protected strike made urgent interdict proceedings necessary.

• Protected Strike
• Picketing Rules
• Interdict
• Punitive Costs
• Violence During Strike
• Protected-strike

Transnet SOC Ltd v SATAWU (J 2697/12)

Transnet SOC Ltd v SATAWU (J 2697/12) [2012] ZALCJHB 107; (2013) 34 ILJ 1281 (LC) (12 October 2012)

Court

Labour Court Johannesburg

Case number

J 2697/12

Judge

A Steenkamp

The Court found that the secondary strike notice issued by SATAWU did not fully comply with the collective agreement, as it failed to set out sufficient grounds for the reasonableness of the strike in relation to its effect on the primary employers. However, the Court declined to prohibit the strike solely on this basis, noting that the parties had imposed more stringent requirements than the Act but that the deficiency was not fatal. On the substantive requirements of section 66(2)(c), the Court held that the nature and extent of the proposed secondary strike would have a major and dispropor…

Source excerpt

• Secondary Strike
• Collective Agreement Compliance
• Urgent Interdict
• Proportionality Test
• Strike Notice Requirements
• Violence During Strike