Tag: National Union of Metalworkers of South Africa (NUMSA)
Zero-tolerance policy – National Bargaining Council cannabis ruling
In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), the National Bargaining Council for the Chemical Industry (NBCCI) considered an unfair dismissal dispute. The dispute concerned an employee who was dismissed for misconduct after testing positive for cannabis in his system.
Politics and power – focus on South African trade unions COSATU,...
Gargantuan and tyrannical unions like the Congress of South African Trade Unions (COSATU), South African Democratic Teachers Union (SADTU), and National Union of Metalworkers of South Africa (NUMSA) have leveraged their power, numbers, money, and capacity to threaten violence, and in so doing hold the economy hostage.
Constitutional Court judgment – the use of replacement labour in response...
On 18 April 2023, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa (NUMSA) v Trenstar (Pty) Ltd (Trenstar). It had to consider the interpretation of section 76(1)(b) of the Labour Relations Act (LRA), which prohibits employers from using replacement labour during a lock-out unless the lock-out is in response to a strike.
Dismissing employees carrying weapons during a protected strike
Employees engaged in strike action who carry dangerous weapons during a strike run the risk of dismissal. The act of carrying weapons exposes others to the risk of injury and also serves to threaten and intimidate others. This kind of conduct is not protected by the right to strike.
