South Africa Case Law

Netcare Hospitals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D 415/21)

Netcare Hospitals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D 415/21) [2023] ZALCD 4; [2023] 8 BLLR 827 (LC) (4 April 2023)

Court

Labour Court Durban

Case number

D 415/21

Judge

Whitcher

Labour Court review of a CCMA wage arbitration award set aside an ATB increase finding after the commissioner misstated the industry average benchmark.

• Review Of Arbitration Award
• Wage Dispute
• Material Error Of Fact
• Interest Arbitration
• Remittal To Ccma
• Review-of-arbitration-award

South African Transport and Allied Workers Union v Coin Reaction (D413/05)

South African Transport and Allied Workers Union v Coin Reaction (D413/05) [2005] ZALC 83; (2005) 26 ILJ 1507 (LC); [2005] 10 BLLR 1022 (LC) (24 June 2005)

Court

Labour Court

Case number

D413/05

Judge

Francis

The Labour Court held that a wage dispute had been properly referred to the CCMA, making the ensuing strike protected under the Labour Relations Act.

• Protected Strike
• Referral To Ccma
• Refusal To Bargain
• Advisory Arbitration Award
• Wage Dispute
• Costs Order

South African Transport and Allied Workers Union v Coin Reaction (LD413/05 , D413/05)

South African Transport and Allied Workers Union v Coin Reaction (LD413/05 , D413/05) [2005] ZALC 26; [2005] 10 BLLR 1022 (LC); [2005] JOL 15212 (LC) (1 January 2005)

Court

Labour Court

Case number

D 413/05

Judge

Francis

The court found that the real dispute between the parties was a wage dispute, not merely a refusal to bargain. The applicant had properly referred the dispute to the CCMA, and a certificate of outcome was issued stating the dispute remained unresolved and that the parties could strike. The requirements of section 64(1) and (2) of the Labour Relations Act were met. Even if the dispute were characterized as a refusal to bargain, the applicant's members would still be entitled to strike after the advisory award and proper notice. The strike was therefore protected, and the respondent was not ent…

Source excerpt

• Protected Strike
• Refusal To Bargain
• Conciliation
• Advisory Arbitration Award
• Wage Dispute
• Sectoral Determination

South African Union of Journalists v South African Broadcasting Corporation (JA45/98)

South African Union of Journalists v South African Broadcasting Corporation (JA45/98) [1999] ZALAC 14 (12 August 1999)

Court

Labour Appeal Court

Case number

JA45/98

Judges

C Froneman, S Ngcobo, C Nicholson

The Labour Appeal Court held that the SABC’s unilateral wage implementation did not undermine collective bargaining and dismissed the SAUJ’s appeal with costs.

• Collective Bargaining
• Unfair Labour Practice
• Trade Union Recognition
• Wage Dispute
• Bad Faith Bargaining
• Collective-bargaining