Imperial Group (Pty) Ltd t/a Imperial Cargo Solutions v SATAWU and Others (J1662/14) [2014] ZALCJHB 294; (2014) 35 ILJ 3162 (LC) (1 August 2014)

Imperial Group (Pty) Ltd t/a Imperial Cargo Solutions v SATAWU and Others (J1662/14) [2014] ZALCJHB 294; (2014) 35 ILJ 3162 (LC) (1 August 2014)

The court held that SATAWU is entitled to embark on a protected strike over the restoration of trip fees, as the cessation of trip fees constituted a unilateral change to terms and conditions of employment. The Bargaining Council did not resolve the trip fees issue, but merely found it lacked jurisdiction. The payment of trip fees is not regulated or prohibited by any collective agreement or arbitration award, and the union's demand does not amount to an illegitimate wage increase. The right to strike over a matter of mutual interest persists beyond the expiry of the status quo period under section 64(4) of the LRA, provided the union gives 48 hours’ notice and none of the prohibitions in...

Citation
[2014] ZALCJHB 294
Parties
Applicant: Imperial Group (Pty) Ltd t/a Imperial Cargo Solutions; Respondent: SATAWU; Respondent: The persons listed in Annexure “A”
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 August 2014
Case Number
J1662/14
Procedural Posture
Urgent Application / Return Date of Rule Nisi; Application to Confirm Interim Interdict
Outcome
Rule nisi discharged; union entitled to proceed with protected strike.
Judges
A J Steenkamp
Legal Topics
Protected Strike, Unilateral Change of Employment Terms, Status Quo Orders, Collective Agreement Interpretation, Strike Interdicts
Labour Law Civil Procedure Protected Strike Unilateral Change of Employment Terms Status Quo Orders Collective Agreement Interpretation Strike Interdicts

Case Brief

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Parties

Imperial Group (Pty) Ltd t/a Imperial Cargo Solutions

Applicant

SATAWU

Respondent

The persons listed in Annexure “A”

Respondent

Procedural Posture

Urgent Application / Return Date of Rule Nisi; Application to Confirm Interim Interdict

Legal Issues

  1. 1 Whether SATAWU may embark on a protected strike over the cessation of trip fees after the expiry of the status quo period under section 64(4) of the LRA.
  2. 2 Whether the issue in dispute (trip fees) was resolved by the Bargaining Council or remains a matter of mutual interest.
  3. 3 Whether the union's demand for restoration of trip fees is prohibited by any collective agreement or arbitration award.

Ratio Decidendi

The court held that SATAWU is entitled to embark on a protected strike over the restoration of trip fees, as the cessation of trip fees constituted a unilateral change to terms and conditions of employment. The Bargaining Council did not resolve the trip fees issue, but merely found it lacked jurisdiction. The payment of trip fees is not regulated or prohibited by any collective agreement or arbitration award, and the union's demand does not amount to an illegitimate wage increase. The right to strike over a matter of mutual interest persists beyond the expiry of the status quo period under section 64(4) of the LRA, provided the union gives 48 hours’ notice and none of the prohibitions in...

Court Disposition

Rule nisi discharged; union entitled to proceed with protected strike.

Orders

  • The rule nisi issued on 2 June 2014 is discharged.
  • No order as to costs.