Suspension without pay to curb dilatory conduct during disciplinary proceedings

On 26 February 2025, the Essential Services Committee designated certain port services as essential in terms of section 71 of the Labour Relations Act. The application was instituted by the Transnet National Ports Authority (TNPA) and Transnet Port Terminals (TPT), the operating divisions of Transnet SOC Ltd. CTH acted on behalf of the TNPA and TPT.

On 30 August 2024, the Magistrates’ Court handed down judgment in Raborife Kedibone Pauline v Moeketsi MC and Another (Case No.: LP/TBZ/RC/21/2024). The judgment concerned an exception raised by the South African Democratic Teachers’ Union (SADTU), the second defendant in the matter, relating to whether a trade union can be held vicariously liable for the actions of a shop steward.

On 8 October 2024, the Labour Court handed down judgment in ArcelorMittal South Africa Ltd v National Union of Metalworkers of South Africa. The applicant, ArcelorMittal, sought to review and set aside an essential services designation that its blast furnaces and coke batteries do not constitute an essential service. The issue concerned the meaning of the phrase “the whole or any part of the population” as it is stated in the definition of Essential Service in the LRA.