Lesedi Local Municipality v South African Municipal Workers Union obo Members (JR435/08) [2008] ZALCJHB 49 (11 March 2008)

Lesedi Local Municipality v South African Municipal Workers Union obo Members (JR435/08) [2008] ZALCJHB 49 (11 March 2008)

The court held that the requirements of section 64(1)(a)(i) of the Labour Relations Act were satisfied, as the dispute was referred to the bargaining council and a certificate of outcome stating the dispute remained unresolved was issued. The commissioner’s indication of referral to arbitration or strike/lockout in the certificate is not determinative of the nature of the dispute or the right to strike; it merely serves as guidance. The court has the power to determine the true nature of the dispute, and in this case, the dispute was one of mutual interest, entitling the respondent to a protected strike. The applicant failed to show a prima facie right to an interdict, and the application...

Citation
[2008] ZALCJHB 49
Parties
Applicant: Lesedi Local Municipality; Respondent: South African Municipal Workers Union obo Members
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 March 2008
Case Number
JR435/08
Procedural Posture
Urgent Application / Interim Interdict Application Before Labour Court
Outcome
Application dismissed; strike declared protected and lawful; costs awarded to respondent.
Judges
Molahlehi
Legal Topics
Protected Strike, Certificate of Outcome, Collective Bargaining, Section 64 Lra, Variation of Award
Labour Law Protected Strike Certificate of Outcome Collective Bargaining Section 64 Lra Variation of Award

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 3 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 Labour Court

Legal Issues

  1. 1 Whether the strike called by the respondent is protected under section 64 of the Labour Relations Act.
  2. 2 Whether the commissioner had the power to issue a second certificate varying the original outcome.
  3. 3 Whether the applicant was entitled to an interim interdict preventing the strike.

Ratio Decidendi

The court held that the requirements of section 64(1)(a)(i) of the Labour Relations Act were satisfied, as the dispute was referred to the bargaining council and a certificate of outcome stating the dispute remained unresolved was issued. The commissioner’s indication of referral to arbitration or strike/lockout in the certificate is not determinative of the nature of the dispute or the right to strike; it merely serves as guidance. The court has the power to determine the true nature of the dispute, and in this case, the dispute was one of mutual interest, entitling the respondent to a protected strike. The applicant failed to show a prima facie right to an interdict, and the application...

Court Disposition

Application dismissed; strike declared protected and lawful; costs awarded to respondent.

Orders

  • The strike called by the respondent constitutes a protected and lawful strike action.
  • The applicant’s application is dismissed.