Abbatoir v CSAAWU obo Dube and Others; In Re: CSAAWU obo Dube and Others v Abbatoir (C315/2011) [2014] ZALCCT 38 (31 July 2014)

Abbatoir v CSAAWU obo Dube and Others; In Re: CSAAWU obo Dube and Others v Abbatoir (C315/2011) [2014] ZALCCT 38 (31 July 2014)

The court found that all applicants, including the nine employees whose locus standi was challenged, are properly before the court in respect of the dispute arising from the alleged lockout on 30 November 2010. The union's cause of action is based on the claim that the lockout constituted an automatically unfair dismissal, and this dispute was referred to conciliation prior to the subsequent formal dismissals. Whether the union's claim will ultimately succeed is a matter for trial, but at this interlocutory stage, the nine employees cannot be excluded. The court also exercised its discretion to order an inspection in loco at the abbatoir and set the trial duration at 15 days. Costs of the...

Citation
[2014] ZALCCT 38
Parties
Applicant: Robertson Abbatoir; Respondent: CSAAWU obo Dube & Others
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
31 July 2014
Case Number
C315/2011
Procedural Posture
Interlocutory Application / Pre Trial
Outcome
Application dismissed; all nine employees have locus standi in the main dispute. Inspection in loco ordered. Trial set for 15 days. Costs reserved for trial.
Judges
Anton Steenkamp
Legal Topics
Automatically Unfair Dismissal, Locus Standi, Conciliation Requirement, Lockout, Section 187 1 C Lra
Labour Law Automatically Unfair Dismissal Locus Standi Conciliation Requirement Lockout Section 187 1 C Lra

Case Brief

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Parties

Robertson Abbatoir

Applicant

CSAAWU obo Dube & Others

Respondent

Procedural Posture

Interlocutory Application / Pre Trial

Legal Issues

  1. 1 Whether the nine employees have locus standi in the main dispute before the Labour Court.
  2. 2 Whether the dispute regarding the dismissal of the nine employees was properly conciliated as required by the LRA.
  3. 3 Whether the alleged lockout on 30 November 2010 constituted an automatically unfair dismissal under section 187(1)(c) of the LRA.

Ratio Decidendi

The court found that all applicants, including the nine employees whose locus standi was challenged, are properly before the court in respect of the dispute arising from the alleged lockout on 30 November 2010. The union's cause of action is based on the claim that the lockout constituted an automatically unfair dismissal, and this dispute was referred to conciliation prior to the subsequent formal dismissals. Whether the union's claim will ultimately succeed is a matter for trial, but at this interlocutory stage, the nine employees cannot be excluded. The court also exercised its discretion to order an inspection in loco at the abbatoir and set the trial duration at 15 days. Costs of the...

Court Disposition

Application dismissed; all nine employees have locus standi in the main dispute. Inspection in loco ordered. Trial set for 15 days. Costs reserved for trial.

Orders

  • The nine applicants referred to in paragraph 16 of the founding affidavit have locus standi in the main dispute under this case number.
  • The registrar is directed to set the matter down for trial for 15 consecutive days.