National Union of Metalworkers of South Africa and Others v Fry’s Metals (Pty) Ltd

Fry’s Metals (Pty) Ltd proposed changes to employees’ terms and conditions of employment, including the introduction of a two‑shift system and the withdrawal of a transport subsidy. Members of NUMSA refused to agree to these changes. The Labour Court interdicted the employer from dismissing the employees for this refusal, holding that such dismissals would be automatically unfair under s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA). On appeal, the Labour Appeal Court (LAC) reversed the Labour Court’s decision. NUMSA and the affected employees then sought leave to appeal to the Supreme Court of Appeal (SCA).

The Supreme Court of Appeal held that it has jurisdiction over appeals from the Labour Appeal Court but that special leave to appeal is required. Special leave to appeal was refused.

The case is a leading authority on the constitutional appellate hierarchy in South Africa, confirming that the Supreme Court of Appeal has jurisdiction over the Labour Appeal Court despite statutory provisions suggesting finality. It also clarified the narrow scope of automatically unfair dismissals under s 187(1)(c) of the LRA, endorsing a restrictive interpretation that limits such dismissals to non‑reversible dismissals aimed at compelling agreement.