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Significant Legal Cases
In its Labour Court and other legal interventions, SACTWU's strategy is to focus on cases that are legally important and of precedent-setting nature. We also keep a careful eye on legal cases of a precedent setting nature which are taken up by COSATU and other unions, federations and institutions. The following are some important cases from the past years:
Another labour court win for SACTWU (16 March 2012)
SACTWU wins case that could have dismantled the NBC (1 March 2012)
SACTWU wins court interdict to stop retrenchment at Newcastle clothing factory (09 May 2011)
SACTWU wins R3 million settlement for Western Cape Clothing workers (20 April 2011)
CCMA slaps R17 million fine on non-compliant textile employer (21 July 2008)
Clothing Bargaining Council wins R4 million award against non-compliant company (15 July 2008)
SACTWU welcomes reinstatement of 13 dismissed members (20 February 2008)
The NTBC vs Tai Yuan Ltd arbitration award fines the employer R17 million for underpayment of workers. It is imposes one of the highest fines yet imposed on a non-compliant employer.
The NBC & Others vs Rowmoor Investments 484 (Pty) Ltd arbitration award fines the employer R4.1 million for under payment of workers and sets potential precedents on the requirements for the introduction of short time in the clothing industry established that a company cannot insert a clause in an individual employment contract ousting the jurisdiction of the National Bargaining Council in favour of private arbitration.
The SACTWU vs Bakbor case established that a company cannot insert a clause in an individual employment contract ousting the jurisdiction of the National Bargaining Council in favour of private arbitration.
The SACTWU vs all NBC party clothing employer associations (2006) dispute resulted in the clothing wage agreements being automatically gazetted and extended to non-party employers.
In the National Bargaining Council vs Avalanche Clothing case (2006) the court authorised the attachment of the personal property of an employer in order to cover debt arrears.
The SACTWU vs Feltex case (2005) gave important precedence on the condition of employment rights for workers employed under labour brokers.
The Ally Fashions vs National Bargaining Council case (2005) was about a company refusing to register with the Bargaining Council. It was the first of its kind and the favourable ruling strengthens our compliance campaign.
In SACTWU vs Discreto (1998) and SACTWU vs BMD Knitting Mills (2001), the courts looked at substantive fairness in retrenchments.
In SACTWU vs Northern Cape / Free State Clothing Manufacturers Association (2001), the courts looked at solidarity strikes.