Imperial Cargo (Pty) Ltd v DETAWU and Another (JA164/2017) [2019] ZALAC 41; (2019) 40 ILJ 2499 (LAC) (13 June 2019)

Imperial Cargo (Pty) Ltd v DETAWU and Another (JA164/2017) [2019] ZALAC 41; (2019) 40 ILJ 2499 (LAC) (13 June 2019)

The Labour Appeal Court held that the demand to reschedule weekend long-distance trips, although framed as a change in work practice, would result in substantial additional costs and increased wage packets for employees, either through overtime payments or substitute labour costs. This demand, therefore, constitutes a substantive issue as defined by the Main Agreement and is reserved for centralised bargaining at the bargaining council. The Labour Court erred in finding that the demand was permissible for plant-level bargaining and in failing to interdict strike action in relation to all impermissible demands. The appeal was upheld, and the Labour Court’s order was set aside and...

Citation
[2019] ZALAC 41
Parties
Appellant: Imperial Cargo (Pty) Ltd; Respondent: DETAWU; Respondent: Individual Respondents listed in Annexure 'A' to the Notice of Motion
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
13 June 2019
Case Number
JA164/2017
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Application to Declare Strike Unprotected and Interdict Strike Action.
Outcome
Appeal upheld. Labour Court’s judgment set aside. Strike declared unprotected. Respondents interdicted from striking over the demands.
Judges
Waglay, Murphy, Savage
Legal Topics
Collective Bargaining, Protected Strike, Main Collective Agreement, Substantive Issues, Management Prerogative
Labour Law Civil Procedure Collective Bargaining Protected Strike Main Collective Agreement Substantive Issues Management Prerogative

Case Brief

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Parties

Imperial Cargo (Pty) Ltd

Appellant

DETAWU

Respondent

Individual Respondents listed in Annexure 'A' to the Notice of Motion

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Application to Declare Strike Unprotected and Interdict Strike Action.

Legal Issues

  1. 1 Whether the demands forming the basis of the intended strike constitute substantive issues reserved for bargaining council level.
  2. 2 Whether the Labour Court erred in not interdicting strike action in relation to impermissible demands.
  3. 3 Whether the scheduling of weekend trips by long-distance drivers is a substantive issue involving cost and affecting wage packets.

Ratio Decidendi

The Labour Appeal Court held that the demand to reschedule weekend long-distance trips, although framed as a change in work practice, would result in substantial additional costs and increased wage packets for employees, either through overtime payments or substitute labour costs. This demand, therefore, constitutes a substantive issue as defined by the Main Agreement and is reserved for centralised bargaining at the bargaining council. The Labour Court erred in finding that the demand was permissible for plant-level bargaining and in failing to interdict strike action in relation to all impermissible demands. The appeal was upheld, and the Labour Court’s order was set aside and...

Court Disposition

Appeal upheld. Labour Court’s judgment set aside. Strike declared unprotected. Respondents interdicted from striking over the demands.

Orders

  • It is declared that the intended strike action by the respondents constitutes an unprotected strike.
  • The respondents are interdicted and restrained from embarking on and participating in a strike in relation to the demands forming the basis of the strike notice dated 13 October 2017.