Labour Court of South Africa, Johannesburg - 2018 December

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8 judgments

Citation	Judgment date
December 2018
Maredi v Elias Motswaledi Local Municipality (J 4519/2018) [2018] ZALCJHB 453 (28 December 2018) Precautionary suspension over admitted unlawful VBS investments was lawfully imposed pending further investigations. Labour law – Precautionary suspension – Regulation 6 of Senior Managers Disciplinary Regulations – lawfulness tested by existence of serious misconduct and reasonableness of employer’s belief that presence may jeopardise investigation or cause conflict. Municipal finance – MFMA s7(3)(b) – investments in banks not registered under Banks Act – admitted misconduct. Jurisdiction – Labour Court entitled to determine lawfulness of suspension; SALGBC lacks jurisdiction on lawfulness. Disciplinary procedure – Preliminary disciplinary board report does not bind council from ordering further investigation and suspension. Urgency – applicant failed to establish clear right or irreparable harm required for urgent final relief.	28 December 2018
Bekker t/a Jurgens Bekker Attorneys v Van Greunen and Another (J 4062/2018) [2018] ZALCJHB 94 (14 December 2018) Urgent enforcement of a valid restraint protecting an attorney practice's client base granted; restraint upheld and limited interdict issued. Restraint of trade – urgency in restraint applications; interpretation of restraint agreements incorporating template/company wording; protectable interest in client trade connections for legal practices; breach by solicitation/following of clients; proportionality and reasonableness balancing; interdict as appropriate remedy where damages are inadequate.	14 December 2018
Association of Mineworkers and Construction Union and Another v Metal and Engineering Bargaining Council N.O. and Others (JR 729/2016) [2018] ZALCJHB 95 (13 December 2018) Reported An employee must personally dissociate from an unprotected strike and communicate intent to return, or face lawful sanctions. Labour law – unprotected strike – individual duty to dissociate and communicate intent to return to work; Peace Agreement and no-work-no-pay as lawful sanctions; review standard under Sidumo; mootness and live controversy.	13 December 2018
J and L Lining (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J 3424/2018) [2018] ZALCJHB 96 (10 December 2018) Reported Strike for a 6% wage increase was protected: industry settlement and main agreement did not bind the applicant, so prohibitions in s65 did not apply. Labour law – strike – matter of mutual interest – s65(1)(c) (enforcement of agreement) – industry settlement not binding because employers' organisation not party and settlement not extended; s65(3)(a) (collective agreement regulation/procedural limitation) – bargaining council constitution/dispute procedure complied with; main agreement prohibiting plant bargaining not binding on non‑party employers; s64(1) notice complied with – strike protected.	10 December 2018
Zulu v Eskom Rotek Industries (Soc) Ltd (JS 154/2018) [2018] ZALCJHB 454 (10 December 2018) Whether an amended claim alleging a tacit long-term employment right and future damages discloses a cause of action and is sufficiently clear. Civil procedure – exception – test for exception: excipient must show that on every reasonable interpretation no cause of action is disclosed. Contract/employment law – tacit terms – when relied upon must be expressly pleaded and clarified. Damages – distinction between general and special contractual damages; special damages must have been within parties’ contemplation. Pleadings – vagueness and embarrassment: opaque amendments must be struck or clarified to enable proper response.	10 December 2018
Dis-Chem Pharamacies Ltd v Malema and Others (J 4124/2018) [2018] ZALCJHB 99 (7 December 2018) Persistent violent or unlawful picketing may justify suspension or forfeiture of the right to picket under section 69 LRA. Picketing rules; s69 LRA; peaceful picketing requirement; violence, intimidation and unlawful conduct; suspension/forfeiture of picketing rights; urgent interim relief under s69(12); variation of picketing rules; alternative to contempt proceedings.	7 December 2018
Dis Chem Pharmacies Ltd v Malema and Others (J 4124/2018) [2018] ZALCJHB 451 (7 December 2018) Reported Labour Court may suspend picketing rights where picketing rules are materially breached and violence persists. Labour law – Picketing – s 69 LRA – peaceful picketing requirement; material breach by violence and intimidation may justify suspension of picketing rights. s 69(8)/(12) LRA – disputes about picketing rules – Labour Court may grant just and equitable interim relief, including varying or suspending picketing rules. Remedies – suspension/forfeiture of picketing rights and structural remedies are permissible alternatives to committal for contempt. Public policy – protection of non‑strikers, property and public order where picketing rules are flouted.	7 December 2018
Sibanye Gold Limited t/a Sibanye Stillwater v Association of Mineworkers and Construction Union and Others (J 4390/2018) [2018] ZALCJHB 455 (5 December 2018) Reported Labour Court may vary CCMA picketing rules urgently under s69(12) to prevent unlawful conduct while preserving peaceful picketing. Labour law – Picketing rules – s 69 LRA – Court’s power under s 69(12) to grant urgent interim relief and vary CCMA-issued picketing rules pending conciliation/adjudication; balancing right to peaceful picket against preventing violence and unlawful conduct; consolidation of picketing areas and prohibition on concealing identity justified where multiple areas facilitate unlawful conduct.	5 December 2018