Chubb Guarding SA (Pty) Ltd v South African Transport and Allied Workers Union (LJ1281/05 , J1281/05) [2005] ZALC 29; [2005] 11 BLLR 1062 (LC); (2005) 26 ILJ 1670 (LC) (12 July 2005)

Chubb Guarding SA (Pty) Ltd v South African Transport and Allied Workers Union (LJ1281/05 , J1281/05) [2005] ZALC 29; [2005] 11 BLLR 1062 (LC); (2005) 26 ILJ 1670 (LC) (12 July 2005)

The court found that the right to embark on a secondary strike is more limited than the right to a primary strike, as reflected in the Labour Relations Act. The requirement of reasonableness and compliance with collective agreements is crucial, especially where the number of secondary strikers is disproportionately higher than primary strikers. The court held that the collective agreement must be respected and that the union and its members may not engage in secondary strike action until the dispute resolution procedures and periods in clause 13 have been complied with. The harm to the applicant if the strike proceeded would be severe, potentially leading to closure of its business, while...

Citation
[2005] ZALC 29
Parties
Applicant: Chubb Guarding SA (Pty) Ltd; Respondent: South African Transport and Allied Workers Union
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 July 2005
Case Number
J1281/05
Procedural Posture
Urgent Application / Final Relief Application
Outcome
Final interdict granted against the respondent prohibiting secondary strike action until compliance with clause 13 of the collective agreement.
Judges
E Revelas
Legal Topics
Secondary Strike, Collective Agreement, Strike Interdict, Reasonableness Requirement, Protected Strike, Dispute Resolution
Labour Law Civil Procedure Secondary Strike Collective Agreement Strike Interdict Reasonableness Requirement Protected Strike Dispute Resolution

Case Brief

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Parties

Chubb Guarding SA (Pty) Ltd

Applicant

South African Transport and Allied Workers Union

Respondent

Procedural Posture

Urgent Application / Final Relief Application

Legal Issues

  1. 1 Whether the respondent and its members are prohibited from engaging in secondary strike action until the periods in clause 13 of the collective agreement have expired.
  2. 2 Whether the secondary strike is protected under the Labour Relations Act given the alleged non-compliance with the collective agreement.
  3. 3 Whether the disproportionate number of secondary strikers compared to primary strikers renders the secondary strike unreasonable.

Ratio Decidendi

The court found that the right to embark on a secondary strike is more limited than the right to a primary strike, as reflected in the Labour Relations Act. The requirement of reasonableness and compliance with collective agreements is crucial, especially where the number of secondary strikers is disproportionately higher than primary strikers. The court held that the collective agreement must be respected and that the union and its members may not engage in secondary strike action until the dispute resolution procedures and periods in clause 13 have been complied with. The harm to the applicant if the strike proceeded would be severe, potentially leading to closure of its business, while...

Court Disposition

Final interdict granted against the respondent prohibiting secondary strike action until compliance with clause 13 of the collective agreement.

Orders

  • The respondent is interdicted from calling upon its members to participate in any secondary strike action in support of the primary strike engaged in by its members at Chubbs Security (Pty) Ltd unless it and its members have complied with clause 13 of the collective agreement dated 21 April 2004 applicable to the...
  • No order as to costs.