Freight Dynamics v South African Transport & Allied Workers Union and Others (J2540/08) [2009] ZALCJHB 87 (4 November 2009)

Freight Dynamics v South African Transport & Allied Workers Union and Others (J2540/08) [2009] ZALCJHB 87 (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 statutory strike notice issued for 26 November 2008. The demands made during the strike were not conciliated, and the dispute referred to the bargaining council was characterized as an unfair labour practice relating to section 197, which should have been resolved by arbitration or adjudication, not by strike action. The respondents' denial of participation in the strike was contradicted by documentary evidence, including a memorandum of understanding signed on 24 November 2008. The court held that the strike was unprotected and confirmed the interim...

Citation
[2009] ZALCJHB 87
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 Johannesburg
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; strike declared unprotected; costs awarded against 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 applicant is entitled to confirmation of the interim interdict restraining the respondents from participating in the strike.
  3. 3 Whether the respondents complied with statutory requirements for a protected strike, including proper notice and conciliation of the dispute.

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 statutory strike notice issued for 26 November 2008. The demands made during the strike were not conciliated, and the dispute referred to the bargaining council was characterized as an unfair labour practice relating to section 197, which should have been resolved by arbitration or adjudication, not by strike action. The respondents' denial of participation in the strike was contradicted by documentary evidence, including a memorandum of understanding signed on 24 November 2008. The court held that the strike was unprotected and confirmed the interim...

Court Disposition

Interim order confirmed; strike declared unprotected; costs awarded against respondents.

Orders

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