This is the first alert notice of those issues that will cause YOU to slip and definitely trip in 2025. These notifications have been compiled largely on the basis of queries that our call-centre receive, as well as the solutions provided thereto by our fast-tracking team.
Some of these alert notice issues will eventually be incorporated into our mouth-watering annual seminar workbook, as well as our delicious and spicy PowerPoint presentation compiled on an annual basis. The attached notice deals, amongst others, with the following tricky issues:
- some of the important consequences when a political party makes itself a party to a labour dispute in which it has no business
- when organisational rights sought by a trade union are refused by the relevant employer, to what extent may such trade union utilise the Regulation of Gatherings Act 205 of 1993 to stage a march in support of its demand for organisational rights?
- the test to be applied in order to establish the required level of intolerability required in terms of section 193(2)(b) of the LRA
- the true role of allegations faced by an employee when the matter is arbitrated at the CCMA or the relevant bargaining council
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FURTHER DETAIL OF THE IDENTIFIED TRICKY ISSUES
- The scenario is as follows: a political organisation, namely, the African National Congress Youth League (ANCYL) obtained municipal permission under the Regulation of Gatherings Act 205 of 1993 for a march to the employer’s premises. This action coincided with a list of demands relating to various employment issues. The labour court refused to grant the employer an interdict on the basis that the march was neither a strike nor protest action in terms of the LRA. On what basis did the labour appeal court agree with this finding of the labour court?
- A political party is not a trade union and, therefore, its involvement in a labour dispute is limited – this should be limited to an advisory role. With reference to Langplaas Boerdery CC and Others v Matshini and Others (2021) 42 ILJ 1210 (LC) (Langplaas Boerdery) and Economic Freedom Fighters v Brightstone Trading 3 CC t/a Gordon Road Spar and Others (2023) 34 SALLR 349 (LAC), what are some of the consequences recently identified by the labour appeal court when a political party makes itself a party to a labour dispute in which it has no business?
- With reference to the high court decision of Go Touch Down Resort-Season CC and Another v Farm Rural Informal Dwellers Association and Another [2020] ZAGPPHC 50 and the supreme court of appeal court judgment of National Union of Metalworkers of SA and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others [2021] 3 BLLR 221 (SCA), what approach did the labour appeal court recently adopt to determine whether the labour court has jurisdiction (ito the LRA) over protest action or whether, alternatively, the high court has such jurisdiction (ito the Regulation of Gatherings Act 205 of 1993)?
- With reference to ADT Security (Pty) Ltd v National Security and Unqualified Workers Union and Others (2015) 36 ILJ 152 (LAC), how did the labour appeal court recently deal with the scenario where a trade union, which sought organisational rights but was refused same by the relevant employer, utilised the Regulation of Gatherings Act 205 of 1993 to stage a march and the issue as to whether or not the labour court or the high court has jurisdiction in such circumstances?
- In terms of s193(2)(b) of the LRA, the primary remedies of reinstatement or re- employment are not appropriate where the circumstances surrounding the dismissal rendered the continued employment relationship intolerable. How did the labour appeal court recently deal with the burden to prove intolerability that rests on the employer?
- The labour court recently, with reference to Samancor Chrome Ltd (Eastern Chrome Mines) v CCMA and Others (2020) 31 SALLR 142 (LAC), challenged the approach adopted when disciplinary ‘charges’ are framed. On what principles did it base such challenge?
- With reference to Clarence v National Commissioner of SA Police Service (2011) 32 ILJ 2927 (LAC), what approach did the labour court recently adopt as to the true role of the allegations faced by an employee, when the matter is arbitrated at the CCMA or the relevant bargaining council?
