3M SA (Pty) Ltd v South Africa Commercial Catering and Allied Workers Union (JA22/00) [2001] ZALAC 2; [2001] 5 BLLR 483 (LAC); (2001) 22 ILJ 1092 (LAC) (15 February 2001)

3M SA (Pty) Ltd v South Africa Commercial Catering and Allied Workers Union (JA22/00) [2001] ZALAC 2; [2001] 5 BLLR 483 (LAC); (2001) 22 ILJ 1092 (LAC) (15 February 2001)

The Labour Appeal Court held that the employer was not obliged to pay wages for the period 23 January to 5 February 1997 because the employees only tendered partial services during a protected strike, and the exceptio non adimpleti contractus applied. The Court rejected the respondents' reliance on general fairness and constitutional principles, finding that the Labour Relations Act did not require payment for partial performance during a protected strike. For the period 6 to 14 February 1997, the Court found that the employees had tendered full services and the employer's exclusion of them from the workplace constituted an unprotected lock-out. The tender was not conditional, and the...

Citation
[2001] ZALAC 2
Parties
Appellant: 3M SA (Pty) Ltd; Respondent: South Africa Commercial Catering and Allied Workers Union; Respondent: GH Moleko and 128 others
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
15 February 2001
Case Number
JA22/00
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment; Cross Appeal on Prescribed Wage Claim
Outcome
Appeal succeeds in part; cross-appeal dismissed. The order of the Labour Court is amended to substitute '6 February' for '1 February' as the start date for wage entitlement. Respondents to pay appellant's costs of appeal and cross-appeal jointly and severally.
Judges
RMM Zondo, EL Goldstein, DM Davis
Legal Topics
Protected Strike, Lockout, Exceptio Non Adimpleti Contractus, Remuneration for Strike Period, Unprotected Lockout, Fair Labour Practices
Labour Law Protected Strike Lockout Exceptio Non Adimpleti Contractus Remuneration for Strike Period Unprotected Lockout Fair Labour Practices

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Parties

3M SA (Pty) Ltd

Appellant

South Africa Commercial Catering and Allied Workers Union

Respondent

GH Moleko and 128 others

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment; Cross Appeal on Prescribed Wage Claim

Legal Issues

  1. 1 Whether the employer was obliged to pay wages for the period 23 January to 5 February 1997 when employees tendered partial services during a protected strike.
  2. 2 Whether the employer was obliged to pay wages for the period 6 to 14 February 1997 when employees tendered full services but were excluded from the workplace.
  3. 3 Whether the lock-out implemented by the employer was protected or unprotected under the Labour Relations Act.

Ratio Decidendi

The Labour Appeal Court held that the employer was not obliged to pay wages for the period 23 January to 5 February 1997 because the employees only tendered partial services during a protected strike, and the exceptio non adimpleti contractus applied. The Court rejected the respondents' reliance on general fairness and constitutional principles, finding that the Labour Relations Act did not require payment for partial performance during a protected strike. For the period 6 to 14 February 1997, the Court found that the employees had tendered full services and the employer's exclusion of them from the workplace constituted an unprotected lock-out. The tender was not conditional, and the...

Court Disposition

Appeal succeeds in part; cross-appeal dismissed. The order of the Labour Court is amended to substitute '6 February' for '1 February' as the start date for wage entitlement. Respondents to pay appellant's costs of appeal and cross-appeal jointly and severally.

Orders

  • The appeal succeeds.
  • The order of the Labour Court is amended by substituting '6 February' for '1 February' in paragraph (i).