APL4801/101/0/2021

Tutorial Letter 101/0/2021

APPLIED LABOUR LAW

APL4801

Year module

Department of Mercantile Law

This tutorial letter contains important information

about your module.

BARCODE
CONTENTS
Page
1 INTRODUCTION................................................................................................................3

2 PURPOSE OF AND OUTCOMES FOR THE MODULE ....................................................4

3 LECTURER(S) AND CONTACT DETAILS ...................................................................... 6

4 MODULE-RELATED RESOURCES................................................................................. 7

5 STUDENT SUPPORT SERVICES FOR THE MODULE................................................... 9

6 MODULE-SPECIFIC STUDY PLAN .................................................................................. 9

7 MODULE PRACTICAL WORK AND WORK-INTEGRATED LEARNING……………….. 10

8 ASSESSMENTS ................................................................................................................10

9 ASSIGNMENT 1&2………………………………………………………………………………13

10 EXAMINATION…………………………………………………………………………………...14

11 FREQUENTLY ASKED QUESTIONS ...............................................................................15

12 CONCLUSION ...................................................................................................................15

13 APPENDIX A .....................................................................................................................15

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 APL4801/101/0/2021

Dear Student
As part of this tutorial letter, we wish to inform you that Unisa has implemented a transformation
charter based on five pillars and eight dimensions. In response to this charter, we have also
placed curriculum transformation high on the agenda. For your information, curriculum
transformation includes the following pillars: student-centred scholarship, the pedagogical
renewal of teaching and assessment practices, the scholarship of teaching and learning, and
the infusion of African epistemologies and philosophies. These pillars and their principles will be
integrated at both the programme and module levels, as a phased-in approach. You will notice
the implementation thereof in your modules, and we encourage you to fully embrace these
changes during your studies at Unisa

1 INTRODUCTION
We are pleased to welcome you as a student of Applied Labour Law (APL4801) and hope that
you will find the module interesting and rewarding. We shall do our best to make your studies of
this module successful. You will be well on your way to success if you start studying early in the
semester and resolve to do the assignments properly.
We suggest that you start with the prescribed material as soon as possible. Make sure that you
have all the cases and articles and while working through the prescribed textbook, fit them
under relevant topics of collective labour law. You will be able to access all the tutorial letters
during the year online via myUnisa. A tutorial letter is our way of communicating with you about
teaching, learning and assessment.
This tutorial letter (Tutorial Letter 101) contains important information about the scheme of work,
resources and assignments for this module. We urge you to read it carefully and to keep it at
hand when working through the study material, preparing the assignments, preparing for the
examination and addressing questions to your lecturers.
In this tutorial letter you will find two assignments and instructions on the preparation and
submission of the assignments. This tutorial letter also provides all the information you need
with regard to the prescribed study material and other resources and how to obtain it. Please
study this information carefully and make sure that you have the prescribed material as soon as
possible.
Further, we include in this tutorial letter certain general and administrative information
concerning this module. Please study this information carefully. Apart from this Tutorial Letter,
other Tutorial Letters will be made available to you on myUnisa during the course of the year.
These Tutorial Letters will not necessarily all be available at the time of registration. You will be
notified about when specific Tutorial Letters will be available on myUnisa during the course of
the year. You will receive announcements on anything about the module from the lecturers
through an ‘Announcement Tool’ on myUnisa on the module site. You are advised to frequently
visit your module site to keep yourself up to date about any developments in your module.

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Please note that you are therefore encouraged to register on myUnisa, a tool which
enables you to communicate with other students and lecturers, submit assignments,
access library resources and download study material. You can access myUnisa on
http://my.unisa.ac.za. Go to the website and log in using your student number and
password. You will see [APL4801-18-Y1] in the row of modules displayed in the orange
blocks at the top of the webpage. Select the More tab if you cannot find the module you
require in the orange blocks. Then click on the module you want to open.
For further information on myUnisa and other administrative information, please consult
the publication Study @ Unisa.
For further information on myUnisa and other administrative information please consult the
publication Study @ Unisa.
Your study material for APL4801 will consist of a prescribed textbook which you must
purchase. The university will provide the following on myUnisa: tutorial letters 101 (this tutorial
letter); 102 (in which we explain topics covered in the module); 201 and 202 (which contain the
memoranda and commentaries on the assignments). You will find all your study material
under ‘Study Material’ and any other additional study material (only if available) can be
accessed under ‘Additional Resources’ on the module site.
Right from the start we would like to point out that you must read all the tutorial letters you
receive during the year immediately and carefully, as they always contain important and,
sometimes, urgent information.
You are therefore encouraged to register on myUnisa, a tool which enables you to communicate
with other students and lecturers, submit assignments, access library resources and download
study material. You can access myUnisa on http://my.unisa.ac.za. Go to the website and log in
using your student number and password. You will see [APL4801-18-Y1] in the row of modules
displayed in the orange blocks at the top of the webpage. Select the More tab if you cannot find
the module you require in the orange blocks. Then click on the module you want to open.
For further information on myUnisa and other administrative information, please consult the
publication Study @ Unisa.
We hope that you will enjoy this module and wish you all the best!

2 PURPOSE AND OUTCOMES

2.1 Purpose
The purpose of this module is for students to gain comprehensive knowledge, applied
competence and the ability to solve complex problems in individual and collective labour law for
continued personal intellectual growth, gainful economic activity and valuable contributions to
society. You will be required in this module not merely to memorise the prescribed tutorial
material but also, throughout, to make sure that you understand the legal principles
involved so that you are able to evaluate them critically.

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After studying this module, you should be able to use your knowledge of the general principles
of labour law in order to analyse and evaluate selected problem situations, to identify relevant
legal issues, to apply the relevant legal principles to those issues and to suggest solutions and
provide responsible advice.
It should be apparent from the tutorial material prescribed for each of the topics that you will be
required not only to make a detailed study of South African law on each topic but also, where
relevant, to take cognisance of academic views relating to it, as well as noting the position and
developments in certain other legal systems.
In short, you will be required in this module not merely to memorise the prescribed tutorial
material but also, throughout, to make sure that you understand the legal principles
involved so that you are able to evaluate them critically.
2.2 Outcomes
The following outcomes and assessment criteria are set for this module:
Specific outcomes and assessment criteria: Specific outcome 1:
Demonstrate comprehensive knowledge and applied competence in individual and collective
labour law
Assessment criteria:

• Legal issues related to individual and collective labour law are identified in real or
simulated fact scenarios.
• Daily occurrences in the workplace which must be addressed by way of individual and
collective labour law are identified, analysed and interpreted within a legal framework.
• Theory is applied to practice (and vice versa) in the context of individual and collective
labour law by means of relevant case and literature studies.
• Critique current research and advance scholarship in individual and collective labour law.
• Make sound theoretical judgements based on evidence and think epistemologically
regarding individual and collective labour law.
• Engage with current research and scholarly or professional literature in individual and
collective labour law.
• Present and communicate academic professional work effectively, catering for a range of
audiences by using a range of different genres appropriate to the context of individual
and collective labour law.

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Specific outcome 2:
Solve complex problems relating to individual and collective labour law.
Assessment criteria:
1. Identify, analyse, and deal with real workplace problems and issues relating to individual
and collective labour law using evidence-based solutions and theory-driven arguments.
2. Critique current research in individual and collective labour law.
3. Make sound theoretical judgements based on evidence and think epistemologically
regarding individual and collective labour law.
4. Legal problems relating to individual and collective labour law are interpreted, analysed,
and explained within different contexts.
5. Unbiased and balanced perspectives are provided on problems relating to individual and
collective labour law.
 Different points of view related to individual and collective labour law are considered and
critically evaluated in terms of students’ acquired knowledge base.

Specific outcome 3:
Identify, analyse and solve practical legal problems and case studies resembling individual and
collective labour law problems in the workplace.
Assessment criteria:
• Identify relevant sources and authorities to solve problems relating to individual and
collective labour law.
• Analyse and critically evaluate the relevance and applicability of various legal sources.
• The most appropriate and authoritative legal materials are selected to solve problems
relating to individual and collective labour law.
• Substantiated responses are provided, based on students’ acquired knowledge base.

Specific outcome 4:
Engage with legal text related to individual and collective labour law.
Assessment criteria:
• Legal text is read, understood and interpreted within a contextual framework.
• Legal text is used to support arguments and solutions related to legal aspects of individual
and collective labour law.

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Specific outcome 5:
Advance legal scholarship relating to individual and collective labour law to contribute to the
realisation of a just society based on a legal democracy.
Assessment criteria:
• Legal theory and practice relating to individual and collective labour law are reflected on and
critically evaluated in national and global contexts.
• Acquired skills and knowledge are used to identify problems in the workplace.
• Individual and collective labour law problem scenarios are reflected on and responsible
solutions are sought.

3 LECTURER(S) AND CONTACT DETAILS

3.1 Lecturer(s)
The lecturers responsible for this module are as follows:
Lecturer’s name: Dr V Peach (Primary Lecturer)
Office number: Cas Van Vuuren Office 6-104
E-mail: peachjv@unisa.ac.za
Telephone number: (012) 429 -6855
Lecturer’s name: Adv B Khumalo (Secondary lecturer)
Office number: Cas Van Vuuren Office 4-113
Email: mavimbb@unisa.ac.za
Telephone number: 012 (429-4290)
All queries that are not of an administrative nature but are about the contents of this module
should be directed to us. Please have your study material and student number at hand when
you contact us.

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3.2 Department
The general contact and fax numbers for the Department of Mercantile Law are as follows:
Administrator Ms P Mofokeng (012) 429 6767
Email: Mofokpg@unisa.ac.za
HOD: Adv. MA Mthembu
Email: mthemma@unisa.ac.za
Please note that letters to lecturers may not be enclosed with or inserted into
assignments and vice versa.

3.3 University
If you need to contact the University about matters not related to the content of this module,
please consult the publication study @ Unisa which you received with your study material. This
booklet contains information on how to contact the University (e.g. to whom you may write,
important telephone and fax numbers, addresses and details of the times certain facilities are
open).

4. MODULE – RELATED RESOURCES

The prescribed material for this module (APL4801) consists of the following:
4.1 Tutorial letters (which are accessible on myUnisa)
4.2 Prescribed book (which you must purchase)
The prescribed book for this module is listed below:
McGregor, M and Dekker, AH (eds) 2017. Labour Law et al Labour Law Rules 3rd ed. Cape
Town: Siber Ink. (2017) Siber Ink Publications CC.
The print format ISBN will be 978-1-928309-13-0
The pdf format ISBN will be 978-1-928309-14-7
PLEASE NOTE: You need to study only the following chapters in the prescribed textbook:
Chapters: 2; 3; 4; 5; 6; 8; 9; 10; 11; 12; 13; and 14.
Prescribed books can be obtained from the University's official booksellers. If you have difficulty
locating your book(s) at these booksellers, please contact the Prescribed Books Section at 012
429 4152 or e-mail vospresc@unisa.ac.za

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4.3 Statutes
See prescribed list in Appendix A.
4.4 Regulations and Codes of Good Practice
See prescribed list in Appendix A.
4.5 Prescribed articles
See prescribed list in Appendix A.
4.6 Prescribed cases
See prescribed list in Appendix A.
4.7 Recommended books
None
4.8 Electronic reserves (e-reserves)
See Appendix A for prescribed cases and articles available from e-Reserves.
It is possible to obtain the prescribed articles and cases in one of the following two ways:
(a) Downloading them from the Electronic Reserves of the Library’s catalogue, OASIS; or
(b) Ordering photocopies from the library.
Please consult Study @ Unisa regarding the procedures you have to follow.
4.9 Library services and resources information
For brief information go to: www.unisa.ac.za/brochures/studies
For more detailed information, go to the Unisa website: http://www.unisa.ac.za/, click on Library.
For research support and services of Personal Librarians, go to:
http://www.unisa.ac.za/Default.asp?Cmd=ViewContent&ContentID=7102

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The Library has compiled numerous library guides:

• find recommended reading in the print collection and e-reserves –

http://libguides.unisa.ac.za/request/undergrad

• request material - http://libguides.unisa.ac.za/request/request

• postgraduate information services - http://libguides.unisa.ac.za/request/postgrad

• finding , obtaining and using library resources and tools to assist in doing research -
http://libguides.unisa.ac.za/Research_Skills

• how to contact the Library/find us on social media/frequently asked questions -

http://libguides.unisa.ac.za/ask

Joining myUnisa
If you have access to a computer that is linked to the internet, you can quickly access resources
and information at the University. The myUnisa learning management system is the University’s
online campus that will help you communicate with your lecturers, with other students and with
the administrative departments at Unisa – all through the computer and the internet.
You can start at the main Unisa website at http://www.unisa.ac.za and then click on the
myUnisa orange block. This will take you to the myUnisa website. To go to the myUnisa website
directly, go to https://my.unisa.ac.za. Click on the Claim UNISA Login on the right-hand side of
the screen on the myUnisa website. You will then be prompted to give your student number in
order to claim your initial myUnisa details as well as your myLife e-mail login details. For more
information on myUnisa, consult the brochure Study @ Unisa, which you received with your
study material.
It is very important that you log in to myUnisa regularly to check if there are no new
announcements and to participate in the Discussion Forum. You can set your myLife e-mail
account to receive the announcement e-mails on your cellphone.

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5. STUDENT SUPPORT SERVICES FOR THE MODULE

For information on the various student support systems and services available at Unisa (e.g.
student counselling, tutorial classes, language support), please consult the publication Study @
Unisa. Students are also encouraged to register for myUnisa and myLife in order to interact
with fellow students. If you need further information about myUnisa and myLife, please
contact myUnisaHelp@unisa.ac.za or myLifeHelp@unisa.ac.za (respectively) or send an SMS
to 43582.

• Kindly note that there are no e-tutors for this module.

Free computer and internet access:

Unisa has entered into partnerships with establishments (referred to as Telecentres) in various
locations across South Africa to enable you (as a Unisa student) free access to computers and
the Internet. This access enables you to conduct the following academic related activities:
registration; online submission of assignments; and engaging in e-tutoring activities, etc. Please
note that any other activity outside of these is for your own costing e.g. printing, photocopying,
etc. For more information on the Telecentre nearest to you, please visit
www.unisa.ac.za/telecentres.

6. MODULE-SPECIFIC STUDY PLAN

Draw yourself a realistic study plan with dates and endeavour to stick to it. Divide the contents
of the curriculum into doable parts plus extra time to return to parts that you have found difficult.
Provide time for revision before the examinations. It is very important to refresh your mind on
the various topics at that stage. It is useful to summarise materials so that you can answer a
question in a concise and logical manner. This will also assist you to give similar answers in the
examination. If you make use of summaries, you may use these while revising topics.

Refer to Study @ Unisa for general time management and planning skills. Please make an
immediate note of the closing date for both assignments. Read all tutorial letters and course
material as soon as possible.

You will receive a number of tutorial letters, via myUnisa, during the year. A tutorial letter is our
way of communicating with you about teaching, learning and assessment. You must study all
tutorial letters as they contain important information.

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 7. MODULE PRACTICAL WORK AND WORK-INTEGRATED LEARNING
None

8. ASSESSMENTS
8.1 Assessments
8.1.1 Assessments plan
Assignments are an extremely important part of this module. In an assignment you must prove
your ability to deal with the subject matter. The purposes of the assignments are:
9. To help you work through the study material. Critique current research in individual and
collective labour law.
10. To teach you to make a synthesis from various sources; to gather material and present it
in a logical, ordered fashion and with convincing arguments (merely copying the study
material is not acceptable).
11. To allow you to accumulate marks during the year towards your final mark for the
module.

8.1.2 General approach to essay-type assignments

At postgraduate level you probably do not require much assistance in completing an

assignment. However, the following guidelines may be of assistance, especially to those
students who have not previously studied through Unisa:

12. Students sometimes complain that they cannot rewrite the study material in their own
words. You have to master this task as merely copying the study material is not
acceptable on postgraduate level. However, there are three easy steps to accomplishing
this:
o Study the relevant study material until you understand it. While you are reading a
particular section, chapter, article or case, make notes or lists of the key words
and concepts.
o Summarise the material in your own words by using your notes and list of key
words.
o Use the study material to finalise your summary with references to case law and
other relevant authority.

13. At postgraduate level it is of utmost importance that you demonstrate your ability to
integrate various sources, analyse them critically, and formulate an answer that
addresses the pertinent issues raised by the question.

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14. You are expected to consult textbooks, prescribed articles and cases when answering an
assignment, and to then cite these materials as authority in your answer. Case law must
be cited in full when used for the first time in the text (e.g. Kanhym Bpk v Oudtshoorn
Munisipaliteit 1990 (3) SA 252 (C)); thereafter an abbreviated reference is sufficient (eg
Kanhym supra). Textbooks can be referred to as follows: Basson et al Essential Labour
Law 5ed (2009) at 25; thereafter an abbreviated reference is sufficient (e.g. Basson op cit
at 25). Articles are referred to by citing the author's name, the journal (or its accepted
abbreviation like SALJ for South African Law Journal) and the page number (e.g. Whiting
1986 SALJ 38). The full bibliographical details are then supplied in a bibliography at the
end of your assignment.
Do not refer to sources you have not personally consulted. Note that it is not
necessary to provide full references in the examination. Remember that failure to
acknowledge a source that you have used in an assignment or the examination
constitutes plagiarism and will be penalised.

15. Note also that although students may work together when preparing assignments, each
student must write and submit his or her own individual assignment. In other words, each
student must submit his or her own work. It is unacceptable for students to submit
identical assignments on the basis that they worked together. That will amount to
plagiarism and none of these assignments will be marked. Furthermore, these students
may be penalised or subjected to disciplinary proceedings of the University. To teach you
to make a synthesis from various sources; to gather material and present it in a logical,
ordered fashion and with convincing arguments (merely copying the study material is not
acceptable).

16. Direct quotations from case law and other sources should be avoided as far as
possible. We can only establish whether you understand a principle or issue if you
describe or explain it in your own words. Long verbatim quotations will not earn you the
marks that your own (correct) explanation would have earned. If you have to quote
directly, the quotation must be short, accurate and acknowledged fully.

17. Names of cases and Latin expressions must be typed in italics.

18. Neatness is a prerequisite. Plan your answers in advance. For essay-type answers you
should do a number of rough drafts before you write the final answer.

19. We restrict the length of assignment answers to teach you to write concise and logical
legal arguments. It is very easy to write long, rambling answers but such answers do not
earn good marks. You must learn to summarise your material so that you can answer a
question in a factually correct, concise and logical manner. This will also teach you to
give similar answers in an examination. A student whose assignment exceeds the
permissible length will be penalised.

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 20. Please ensure that your name and address, student number, subject and module, and
assignment number are written clearly on the assignment. This information must be
correct.

8.1.3 Assignments due dates and unique numbers

Two assignments have been set for this module and the due dates and unique numbers are as
follows:

Assignment numbers Unique numbers Due dates

Assignment 01 613735 14 May 2021

Assignment 02 811884 30 September 2021

8.1.4 Submission of assignments

Assignments may only be submitted online via myUnisa.. For detailed information and
requirements as far as assignments are concerned, see the brochure study @ Unisa.
To submit an assignment via myUnisa:
21. Go to myUnisa.
22. Log in with your student number and password.
23. Select the module.
24. Click on assignments in the left-hand menu.
25. Click on the assignment number you want to submit.
26. Follow the instructions on the screen.

PLEASE NOTE THAT NO EXTENSIONS FOR THE SUBMISSION OF ASSIGNMENTS CAN

BE GRANTED.

8.1.5 Commentaries and feedback on assignments

For all the assignments, markers will comment constructively on your work. However,
commentaries on compulsory assignments will be made available to all students registered
for this module in a follow-up tutorial letter, and not only to those students who submitted the
assignments. The tutorial letter number will be 201, 202, etc.
As soon as you have received the commentaries, please check your answers. The assignments
and the commentaries on these assignments constitute an important part of your learning and
should help you to be better prepared for the next assignment and the examination.

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ASSIGNMENTS QUESTION: 2021

PLEASE NOTE THAT THE TIMELY SUBMISSION OF ASSIGNMENT 01, IS COMPULSORY.
FAILURE TO SUBMIT THIS ASSIGNMENT ON TIME WILL RESULT IN AUTOMATIC
CANCELLATION OF YOUR REGISTRATION AND YOU WILL CONSEQUENTLY NOT BE
ALLOWED TO WRITE THE EXAM.
In view of the subsidy requirements of the Department of Education, no extension will be
granted under any circumstances.

9. ASSIGNMENTS 1 AND 2

ASSIGNMENT 01
SUBMISSION DATE: 14 MAY 2021
UNIQUE NUMBER: 613735
QUESTION 1

Critically discuss the significance of the case cited below and provide reasons why you agree
or disagree with the judgement

1. Jordan v CCMA & others (2010) 31 ILJ 2331 (LAC). (10)

This assignment contributes 10% towards your year mark. Your answer should not exceed 6
typed pages (A4, single line spacing). If you exceed the page limitation, you will be penalised.
This assignment tests your ability to provide a concise critical analysis, so a mere summary of
the facts of the case is insufficient. You must give your opinion on the importance of the case.
Students who merely copy from books or articles will be penalised. Keep in mind that a properly
structured answer may earn you more marks. Incorporating relevant authority (for example,
case law, books, journal articles, and other relevant sources) into your answer may guarantee
you an excellent mark.

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 ASSIGNMENT 2
SUBMISSION DATE: 30 SEPTEMBER 2021
UNIQUE NUMBER: 811884
QUESTION 1
Critically discuss the significance of the case cited below and provide reasons why you agree or
disagree with the judgement
National Union of Metal and Allied Workers of SA and Others v Bader Bop (Pty) Ltd (2003) 24
ILJ 305 (CC).
(10)

This assignment contributes 10% towards your year mark and it must be submitted on or
before the closing date.
Your answer should not exceed 6 typed pages (A4, single line spacing).
Students who merely copy from books or articles will be penalised. Keep in mind that a properly
structured answer may earn you more marks. Incorporating other relevant authority into your
answer may guarantee you an excellent mark.

The structure provided below should be used when answering assignment one and two.
1.1 Introduction
1.2 Facts
1.3 Decision of the court
1.4 Comments/Analysis
1.5 Conclusion
1.6 Bibliography
Books
Articles
Case law
Legislation
Internet sources
Other relevant sources

10. Examination
For general information and requirements as far as assignments are concerned, see
Study@Unisa.

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10.1 The Examination

A 3 -hour written examination in this module will be written in October/November 2021. There
is restriction on the material that you may have with you during the examination.
Do not underestimate the amount of preparation that you need to do for this examination. You
essentially need to know all the work.
During the course of the year, the Examination Section will provide you with information
regarding the examination in general, examination dates and examination times.
10.2 Admission to the examination
Submission of the first compulsory assignment will give a student admission to the examination.
The marks for this assignment will contribute 10% to the student’s final marks. The marks a
student obtains for the second compulsory assignment, will contribute another 10% to the
student’s final marks. The examination will then contribute 80% towards a student’s final marks.
Consequently, students who only submit the first compulsory assignment will have admission to
the examination, but will lose the opportunity of adding the marks to be obtained for the second
compulsory assignment to their final marks. They will nevertheless be admitted to the
examination.
PLEASE NOTE: IF YOU OBTAIN LESS THAN 40% IN THE EXAMINATION, YOUR YEAR
MARK WILL NOT COUNT AND YOUR EXAM MARK WILL BE REGARDED AS YOUR FINAL
MARK.
10.3 Previous examination papers
PLEASE NOTE that previous examination papers are not provided to students by
lecturers. Copies of previous papers are, however, available on myUnisa, however please note
that the lecturers will not mark these papers nor supply the correct answers to the questions.

11. FREQUENTLY ASKED QUESTIONS

Please consult the publication Study @ Unisa should you need clarity on a specific,
administrative issue.

12. CONCLUSION
We wish you every success with your post-graduate study of Labour Law. We trust that you will
find the module fruitful.

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 13. APPENDIX A
Appendix “A” contains the prescribed reading material for this module. It is almost inevitable
that there will be some overlapping or duplication of sources. Where this occurs, you are
expected to use your discretion in deciding how best to utilise the various sources.
Should it prove necessary, you will be provided with a further tutorial letter to keep you informed
of developments pertaining to the module. Also watch out for announcements on myUnisa.

NOTE: These cases and articles must be studied in order to complete the assignments correctly
and for examination purposes.

13.1 Prescribed legislation

(1) The Labour Relations Act 66 of 1995 (relevant provisions) as amended.
(2) Chapter 2 (Bill of Rights) of the Constitution of the Republic of South Africa, 1996
(relevant provisions).
(3) Code of Good Practice: Dismissal (only in as far as it relates to collective labour law).
(4) Code of Good Practice: Picketing.

13.2 Prescribed reading materials

Collective bargaining and Organisational Rights

a) Baderbop (Pty) Ltd v NUMSA and others (2002) 23 ILJ 104 (LC).
b) Brassey M “Labour Law after Marikana: Is Institutionalized Collective Bargaining in SA
Wilting? If so, should we be glad or sad?” (2013) 34 ILJ 823.
c) Cassim R “The Legal Status of Political Protest Action under the Labour Relations Act 66
of 1995” (2008) 29 ILJ 2349.
d) Cheadle, H “Collective bargaining and the LRA” Law Democracy and Development 9(2)
(2005), 147. d)FAWU v Ngcobo & another (2013) 34 ILJ 1383 (SCA).
e) FEDCRAW v Edgars Consolidated Stores Ltd (2002) 11 BLLR 1069 (LC).
f) Motor Transport Workers Union obo Sehularo & others v G4 Cash Services (2013) 34 ILJ
1221 (LC).
g) National Union of Metal and Allied Workers of SA and Others v Bader Bop (Pty) Ltd
(2003) 24 ILJ 305 (CC).
h) SA Catering & Allied Workers Union and Koppel v Bacher & Co (Pty) Ltd t/a GS Vickers &
Co (2007) 28 ILJ (CCMA).
i) SAMWU obo Members v Ekurhuleni Metropolitan Municipality (2012) 33 ILJ 2961 (LC).
j) SATAWU & another v Garvas & others (2012) 33 ILJ 1593 (CC).

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Affirmative action
(k) Vettori S ‘Employer duties towards employees infected with HIV/Aids’ (2007) Vol. 19(2)
South African Mercantile Law 151.d) Cheadle, H “Collective bargaining and the LRA” Law
Democracy and Development 9(2) (2005), 147. d)FAWU v Ngcobo & another (2013) 34 ILJ
1383 (SCA).

13.3 Prescribed cases

Cases can also be accessed at http://www.saflii.co.za. Please note that the onus rests on
the student and not the lectures to find the prescribed cases.
Prescribed cases highlight certain aspects of the work. Keep in mind that all the work in
the textbook as well as the prescribed cases are equally important.
Contract of Employment
a) CMS Support Services (Pty) Ltd v Briggs (1997) 5 BLLR 533 (LAC).
b) Discovery Health Ltd v CCMA & others (2008) 29 ILJ 1480 (LC).
c)Kylie’ and Van Zyl t/a Brigittes (2007) 28 ILJ 470 (CCMA).
d) ‘Kylie’ v CCMA & others (2010) 31 ILJ 1600 (LAC).
e) Linda Erasmus Properties Enterprise (Pty) Ltd v Mhlongo & Others (2008) 29 ILJ 1100
(LC).
f) Qwabe & Others and Robertsons Foods & Another (2007) 28 ILJ 1356 (CCMA).
g) Solid Doors (Pty) Ltd v Commissioner Theron & others (2004) 25 ILJ 2337.

Dismissal
h) Bonthuys and Central District Municipality (2007) 28 ILJ 951 (CCMA).
i) Nkopane & Others v Independent Electoral Commission (2007) 28 ILJ 670 (LC).
j) Forecourt Express (Pty) Ltd v SATAWU & Others [2007] 2 BLLR 101 (LAC).
k) Oosthuizen v Telkom SA Ltd (2007) 28 ILJ 2531 (LAC).
l) Jordan v CCMA & others (2010) 31 ILJ 2331 (LAC).
m) Ast Holdings (Pty) Ltd v Roos [2007] 10 BLLR 891 (LAC).
n) Lukie v Rural Alliance CC t/a Rural Development Specialists (2004) 25 ILJ 1445 (LC).
o) Van Zyl v Atterbury Action Cricket (2005) 6 BALR 687 (CCMA).
p) Tshishonga v Minister of Justice & Constitutional Development & Another (2007) 28 ILJ
195 (LC).
q) Swart v Greenmachine Horticultural Services (A Division of Sterikleen (Pty) Ltd) (2010) 31
ILJ 180 (LC).

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Strikes
r) South African Transport and Allied Workers Union and Another v Garvas and Others
(2012) 33 ILJ 1593 (CC).
s) SA Local Government Association v SA Municipal Workers Union (2007) 28 ILJ 2603
(LC).
t) SAAPAWU Free State & Others v Fourie & another [2007] 1 BLLR 67 (LC).
u) Chemical Workers Industrial Union v Plascon Decorative (Inland) (Pty) Ltd (1999) 20 ILJ
321 (LAC).
v) National Union of Metal and Allied Workers of SA and Others v Bader Bop (Pty) Ltd
(2003) 24 ILJ 305 (CC).
w) SA Catering & Allied Workers Union and Koppel v Bacher & Co (Pty) Ltd t/a GS Vickers &
Co (2007) 28 ILJ (CCMA).
x) National Union of Mineworkers & Others v Black Mountain Mining (Pty) Ltd (2010) 31 ILJ
387 (LC).
y) Equity Aviation Services (Pty) Ltd v SATAWU & others [2009] 10 BLLR 933 (LAC).
z) Baderbop (Pty) Ltd v NUMSA and others (2002) 23 ILJ 104 (LC).
o) SA Police Services v Police & Prisons Civil Rights Union (2011) 32 ILJ 1603 (CC).
p) National Union of Metalworkers of South Africa & Others v Edelweiss Glass & Aluminium
(Pty) Ltd (2010) 31 ILJ 139 (LC). m) Ast Holdings (Pty) Ltd v Roos [2007] 10 BLLR 891
(LAC).

END

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