BMW (South Africa) (Pty) Ltd v National Union of Metal Workers of South Africa (NUMSA) obo Members (J 1752/2013) [2013] ZALCJHB 238 (4 September 2013)

BMW (South Africa) (Pty) Ltd v National Union of Metal Workers of South Africa (NUMSA) obo Members (J 1752/2013) [2013] ZALCJHB 238 (4 September 2013)

The court finds that the matters on which the Respondent issued its notice to strike—afternoon and night shift allowances—are covered by the collective agreement, which binds the parties for its duration. However, clause 4 of the agreement allows for further consultation on certain issues, and there is ambiguity as to whether the allowances in question remain open for negotiation and industrial action. Given this uncertainty, another court may reach a different conclusion regarding the permissibility of the strike action. Therefore, leave to appeal is granted to allow for further judicial consideration of the interpretation and scope of the collective agreement.

Citation
[2013] ZALCJHB 238
Parties
Applicant: BMW (South Africa) (Pty) Ltd; Respondent: National Union of Metalworkers of South Africa (NUMSA) obo Members
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 September 2013
Case Number
J1752/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Court Judgment
Outcome
Leave to appeal against the judgment under case number J1752/2013 dated 16 August 2013 is granted.
Judges
Malindi
Legal Topics
Collective Agreements, Protected Strike Action, Shift Allowances, Interpretation of Agreements
Labour Law Collective Agreements Protected Strike Action Shift Allowances Interpretation of Agreements

Case Brief

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Parties

BMW (South Africa) (Pty) Ltd

Applicant

National Union of Metalworkers of South Africa (NUMSA) obo Members

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Urgent Court Judgment

Legal Issues

  1. 1 Whether the strike action called by NUMSA is unprotected due to the existence of a binding collective agreement covering the disputed allowances.
  2. 2 Whether the matters raised in the strike notice are subject to further negotiation and industrial action under the Third Shift Agreement.
  3. 3 Whether the Respondent is permitted to strike over afternoon and night shift allowances during the subsistence of the agreement.

Ratio Decidendi

The court finds that the matters on which the Respondent issued its notice to strike—afternoon and night shift allowances—are covered by the collective agreement, which binds the parties for its duration. However, clause 4 of the agreement allows for further consultation on certain issues, and there is ambiguity as to whether the allowances in question remain open for negotiation and industrial action. Given this uncertainty, another court may reach a different conclusion regarding the permissibility of the strike action. Therefore, leave to appeal is granted to allow for further judicial consideration of the interpretation and scope of the collective agreement.

Court Disposition

Leave to appeal against the judgment under case number J1752/2013 dated 16 August 2013 is granted.

Orders

  • Leave to appeal is granted.
  • Costs shall be costs in the appeal.