Liberty Liquors (Pty) Ltd v SACTWU and Others (D1238/16) [2016] ZALCD 20 (29 September 2016)

Liberty Liquors (Pty) Ltd v SACTWU and Others (D1238/16) [2016] ZALCD 20 (29 September 2016)

The court found that the collective agreement concluded between Liberty Liquors and SACCAWU, after SACCAWU became the majority union, binds all employees in the bargaining unit, including those represented by SACTWU. The defence of res judicata fails because the parties and cause of action are not identical to the previous application. The retrospective effect of the collective agreement is permissible under the LRA. The dispute regarding the definition of 'workplace' does not preclude the granting of the interdict, as the CCMA does not have exclusive jurisdiction and the strike would not be protected pending its resolution. The applicant established a clear right to relief, apprehended...

Citation
[2016] ZALCD 20
Parties
Applicant: Liberty Liquors (Pty) Ltd; Respondent: SACTWU; Respondent: Mxolisi Vusumuzi & 22 others
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
29 September 2016
Case Number
D1238/16
Procedural Posture
Urgent Application / Application for Interdict of Strike
Outcome
Application granted. The respondents are interdicted from participating in a strike in contravention of sections 64 and 65 of the Labour Relations Act.
Judges
Steenkamp
Legal Topics
Strike Interdict, Collective Agreement, Majority Union, Res Judicata, Workplace Definition
Labour Law Civil Procedure Strike Interdict Collective Agreement Majority Union Res Judicata Workplace Definition

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Parties

Liberty Liquors (Pty) Ltd

Applicant

SACTWU

Respondent

Mxolisi Vusumuzi & 22 others

Respondent

Procedural Posture

Urgent Application / Application for Interdict of Strike

Legal Issues

  1. 1 Whether the respondents are interdicted from participating in a strike under sections 64 and 65 of the Labour Relations Act.
  2. 2 Whether the collective agreement concluded with the majority union SACCAWU binds all employees, including those represented by SACTWU.
  3. 3 Whether the defence of res judicata applies to the present application.

Ratio Decidendi

The court found that the collective agreement concluded between Liberty Liquors and SACCAWU, after SACCAWU became the majority union, binds all employees in the bargaining unit, including those represented by SACTWU. The defence of res judicata fails because the parties and cause of action are not identical to the previous application. The retrospective effect of the collective agreement is permissible under the LRA. The dispute regarding the definition of 'workplace' does not preclude the granting of the interdict, as the CCMA does not have exclusive jurisdiction and the strike would not be protected pending its resolution. The applicant established a clear right to relief, apprehended...

Court Disposition

Application granted. The respondents are interdicted from participating in a strike in contravention of sections 64 and 65 of the Labour Relations Act.

Orders

  • The respondents are interdicted from participating in a strike in contravention of the provisions of sections 64 and 65 of the Labour Relations Act.
  • No order as to costs.