Freight Dynamics v South African Transport & Allied Workers Union and Others (J2540/08) [2009] ZALC 230 (4 November 2009)

Freight Dynamics v South African Transport & Allied Workers Union and Others (J2540/08) [2009] ZALC 230 (4 November 2009)

The Court found that the strike action commenced by the individual respondents on 24 November 2008 was premature and did not comply with the strike notice requirements. The demands made during the strike were not referred to conciliation, and the nature of the dispute related to section 197 of the Labour Relations Act, which must be adjudicated by the Labour Court and not resolved by strike action. The notice of strike was invalid as it was issued by attorneys not party to the dispute. The respondents' denial of participation in the strike was contradicted by documentary evidence and their own attorney's admissions. The interim interdict was therefore confirmed, and costs were awarded...

Citation
[2009] ZALC 230
Parties
Applicant: Freight Dynamics; Respondent: South African Transport & Allied Workers Union; Respondent: United Transport & Allied Workers Union; Respondent: United Workers Association of SA; Respondent: The persons listed in Annexure 'A'; Respondent: The persons listed in Annexure 'B'
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
4 November 2009
Case Number
J2540/08
Procedural Posture
Urgent Application / Return Day of Rule Nisi; Confirmation of Interim Interdict
Outcome
Interim order confirmed with costs against the respondents.
Judges
Francis
Legal Topics
Unprotected Strike, Interdict, Section 197 Transfer, Strike Notice Requirements, Costs Order
Labour Law Civil Procedure Unprotected Strike Interdict Section 197 Transfer Strike Notice Requirements Costs Order

Case Brief

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Parties

Freight Dynamics

Applicant

South African Transport & Allied Workers Union

Respondent

United Transport & Allied Workers Union

Respondent

United Workers Association of SA

Respondent

The persons listed in Annexure 'A'

Respondent

The persons listed in Annexure 'B'

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi; Confirmation of Interim Interdict

Legal Issues

  1. 1 Whether the strike action commenced by the individual respondents on 24 November 2008 was protected under the Labour Relations Act.
  2. 2 Whether the demands made by the respondents during the strike were properly referred to conciliation.
  3. 3 Whether the applicant is entitled to confirmation of the interim interdict restraining the respondents from participating in the strike.

Ratio Decidendi

The Court found that the strike action commenced by the individual respondents on 24 November 2008 was premature and did not comply with the strike notice requirements. The demands made during the strike were not referred to conciliation, and the nature of the dispute related to section 197 of the Labour Relations Act, which must be adjudicated by the Labour Court and not resolved by strike action. The notice of strike was invalid as it was issued by attorneys not party to the dispute. The respondents' denial of participation in the strike was contradicted by documentary evidence and their own attorney's admissions. The interim interdict was therefore confirmed, and costs were awarded...

Court Disposition

Interim order confirmed with costs against the respondents.

Orders

  • The interim order granted on 27 November 2008 is confirmed with costs.