Communication Workers Union v Mobile Telephone Networks South Africa (MTN SA) (J464/20) [2020] ZALCJHB 170 (1 June 2020)

Communication Workers Union v Mobile Telephone Networks South Africa (MTN SA) (J464/20) [2020] ZALCJHB 170 (1 June 2020)

The court held that section 197 of the Labour Relations Act does not confer a general right to consultation or disclosure of information to a trade union in the absence of a written agreement as contemplated in section 197(6). Since MTN had made it clear that no such agreement existed or was intended, the applicant could not rely on section 197(6) to demand consultation or information. The applicant failed to establish a prima facie right, as the rights it sought to enforce do not exist in law under these circumstances. The alleged irreparable harm was dependent on the existence of such rights, which the court found to be absent. The applicant also failed to show that the balance of...

Citation
[2020] ZALCJHB 170
Parties
Applicant: Communication Workers Union; Respondent: Mobile Telephone Networks South Africa (MTN SA)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 June 2020
Case Number
J464/20
Procedural Posture
Urgent Application / Application for Interim Interdict Before Labour Court
Outcome
Application dismissed with costs.
Judges
Prinsloo
Legal Topics
Section 197 Transfer, Interim Interdict, Consultation Rights, Disclosure of Information
Labour Law Civil Procedure Section 197 Transfer Interim Interdict Consultation Rights Disclosure of Information

Case Brief

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Parties

Communication Workers Union

Applicant

Mobile Telephone Networks South Africa (MTN SA)

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Before Labour Court

Legal Issues

  1. 1 Does section 197 of the Labour Relations Act confer a right to consultation or disclosure of information to the trade union in the absence of a written agreement?
  2. 2 Is the applicant entitled to an interim interdict preventing the implementation of the BRC pending consultation and disclosure?
  3. 3 Has the applicant satisfied the requirements for an interim interdict under South African law?

Ratio Decidendi

The court held that section 197 of the Labour Relations Act does not confer a general right to consultation or disclosure of information to a trade union in the absence of a written agreement as contemplated in section 197(6). Since MTN had made it clear that no such agreement existed or was intended, the applicant could not rely on section 197(6) to demand consultation or information. The applicant failed to establish a prima facie right, as the rights it sought to enforce do not exist in law under these circumstances. The alleged irreparable harm was dependent on the existence of such rights, which the court found to be absent. The applicant also failed to show that the balance of...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.