Hextex, Romatex Home Textiles & Berg River Textiles v SACTWU (D1379/02) [2002] ZALC 80; (2002) 23 ILJ 2267 (LC) (18 September 2002)

Hextex, Romatex Home Textiles & Berg River Textiles v SACTWU (D1379/02) [2002] ZALC 80; (2002) 23 ILJ 2267 (LC) (18 September 2002)

The court found that the applicant, properly cited as Seardel Group Trading (Pty) Limited trading through its divisions, had locus standi. There was a sufficient nexus between the applicant and Team Puma, as some divisions supplied or received materials from Team Puma. The threshold for a secondary strike under section 66(2)(c) of the LRA is whether the strike is capable of having a possible direct or indirect effect on the business of the primary employer. The court adopted the least restrictive interpretation of 'possible', meaning capable of existing or taking place, rather than requiring a powerful or probable effect. The evidence did not establish that the secondary strike would have...

Citation
[2002] ZALC 80
Parties
Applicant: Seardel Group Trading (Pty) Limited trading as Hextex, Romatex Home Textiles and Berg River Textiles; Respondent: South African Clothing and Textile Workers Union (SACTWU)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
18 September 2002
Case Number
D1379/02
Procedural Posture
Urgent Application / Application for Urgent Interim Interdict to Declare Secondary Strike Unprotected and for Ancillary Relief
Outcome
Application for urgent relief dismissed; costs reserved.
Judges
Pillay D
Legal Topics
Secondary Strike, Locus Standi, Collective Bargaining, Jurisdictional Prerequisites, Interpretation of Statutes
Labour Law Civil Procedure Secondary Strike Locus Standi Collective Bargaining Jurisdictional Prerequisites Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Seardel Group Trading (Pty) Limited trading as Hextex, Romatex Home Textiles and Berg River Textiles

Applicant

South African Clothing and Textile Workers Union (SACTWU)

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Interdict to Declare Secondary Strike Unprotected and for Ancillary Relief

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the application.
  2. 2 Whether there is a sufficient nexus between the applicant and the primary employer (Team Puma) to justify a secondary strike.
  3. 3 Whether the nature and extent of the secondary strike is reasonable in relation to the possible effect on the business of the primary employer under section 66(2)(c) of the LRA.

Ratio Decidendi

The court found that the applicant, properly cited as Seardel Group Trading (Pty) Limited trading through its divisions, had locus standi. There was a sufficient nexus between the applicant and Team Puma, as some divisions supplied or received materials from Team Puma. The threshold for a secondary strike under section 66(2)(c) of the LRA is whether the strike is capable of having a possible direct or indirect effect on the business of the primary employer. The court adopted the least restrictive interpretation of 'possible', meaning capable of existing or taking place, rather than requiring a powerful or probable effect. The evidence did not establish that the secondary strike would have...

Court Disposition

Application for urgent relief dismissed; costs reserved.

Orders

  • The application for urgent interim interdict is dismissed.
  • The issue of costs is reserved for later argument.