Imperial Cargo Solutions v SATAWU and Others (JA63/2016) [2017] ZALAC 47; (2017) 38 ILJ 2479 (LAC); [2017] 12 BLLR 1189 (LAC) (1 August 2017)

Imperial Cargo Solutions v SATAWU and Others (JA63/2016) [2017] ZALAC 47; (2017) 38 ILJ 2479 (LAC); [2017] 12 BLLR 1189 (LAC) (1 August 2017)

The Labour Appeal Court held that the obligation for employees to perform ancillary duties was created exclusively by the collective agreement, which was lawfully cancelled by the respondents. There was no evidence of any written or verbal contract of employment requiring drivers to perform ancillary duties as part of their normal functions. Upon cancellation of the collective agreement, both the obligation to perform ancillary duties and the employer's obligation to pay the guard fee fell away. The court distinguished the facts from the SAMWU case, finding no basis for incorporation of the cancelled agreement's terms into individual contracts. The refusal to perform ancillary duties did...

Citation
[2017] ZALAC 47
Parties
Appellant: Imperial Cargo Solutions; Respondent: SATAWU; Respondent: Individual respondents listed in Annexure A to the Notice of Motion
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
1 August 2017
Case Number
JA63/2016
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Discharging Interim Interdict
Outcome
Appeal dismissed with costs.
Judges
Tlaletsi, Davis, Kathree-Setiloane
Legal Topics
Collective Agreements, Contractual Obligations, Strike Action, Ancillary Duties, Termination of Agreement
Labour Law Collective Agreements Contractual Obligations Strike Action Ancillary Duties Termination of Agreement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Imperial Cargo Solutions

Appellant

SATAWU

Respondent

Individual respondents listed in Annexure A to the Notice of Motion

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Discharging Interim Interdict

Legal Issues

  1. 1 Whether the employees were contractually obliged to perform ancillary duties after cancellation of the collective agreement.
  2. 2 Whether refusal to perform ancillary duties constituted unprotected strike action.
  3. 3 Whether the terms of the cancelled collective agreement survived and were incorporated into individual contracts of employment.

Ratio Decidendi

The Labour Appeal Court held that the obligation for employees to perform ancillary duties was created exclusively by the collective agreement, which was lawfully cancelled by the respondents. There was no evidence of any written or verbal contract of employment requiring drivers to perform ancillary duties as part of their normal functions. Upon cancellation of the collective agreement, both the obligation to perform ancillary duties and the employer's obligation to pay the guard fee fell away. The court distinguished the facts from the SAMWU case, finding no basis for incorporation of the cancelled agreement's terms into individual contracts. The refusal to perform ancillary duties did...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.