Lesedi Local Municipality v South African Municipal Workers Union obo Members (JR 435/08) [2008] ZALC 205; (2008) 29 ILJ 2780 (LC) (11 March 2008)

Lesedi Local Municipality v South African Municipal Workers Union obo Members (JR 435/08) [2008] ZALC 205; (2008) 29 ILJ 2780 (LC) (11 March 2008)

The court found that the Commissioner’s issuance of a second certificate was intended to correct a clerical error in the original certificate, which had incorrectly indicated arbitration as the next step instead of strike/lockout. While the applicant argued that the correction amounted to a variation requiring compliance with section 144 of the Labour Relations Act and rule 31 of the CCMA rules, the court held that the correction did not affect the substantive rights of the parties and was necessary to reflect the true nature of the dispute. The respondent’s request for correction was made promptly, and the applicant was aware of the error and had an opportunity to object. The court...

Citation
[2008] ZALC 205
Parties
Applicant: Lesedi Local Municipality; Respondent: South African Municipal Workers Union obo Members
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
11 March 2008
Case Number
JR 435/08
Procedural Posture
Urgent Application / Interim Interdict Application Before Commencement of Strike
Outcome
Application for interim interdict dismissed; strike action permitted.
Judges
Molahlehi
Legal Topics
Protected Strike, Conciliation Certificate, Variation of Award, Collective Bargaining, Procedural Fairness
Labour Law Protected Strike Conciliation Certificate Variation of Award Collective Bargaining Procedural Fairness

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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Lesedi Local Municipality

Applicant

South African Municipal Workers Union obo Members

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application Before Commencement of Strike

Legal Issues

  1. 1 Whether the second certificate of outcome issued by the conciliating Commissioner was valid.
  2. 2 Whether the Commissioner was entitled to vary the original certificate without following due process.
  3. 3 Whether the respondent's planned strike action was protected under the Labour Relations Act.

Ratio Decidendi

The court found that the Commissioner’s issuance of a second certificate was intended to correct a clerical error in the original certificate, which had incorrectly indicated arbitration as the next step instead of strike/lockout. While the applicant argued that the correction amounted to a variation requiring compliance with section 144 of the Labour Relations Act and rule 31 of the CCMA rules, the court held that the correction did not affect the substantive rights of the parties and was necessary to reflect the true nature of the dispute. The respondent’s request for correction was made promptly, and the applicant was aware of the error and had an opportunity to object. The court...

Court Disposition

Application for interim interdict dismissed; strike action permitted.

Orders

  • The application for an interim interdict is dismissed.
  • The respondent is entitled to proceed with protected strike action as per the corrected certificate of outcome.