Liberty Liquors (Pty) Ltd v SACTWU (D725/16) [2016] ZALCD 15 (4 August 2016)

Liberty Liquors (Pty) Ltd v SACTWU (D725/16) [2016] ZALCD 15 (4 August 2016)

The court found that the matter was moot because the strike did not proceed as a result of the interim interdict, and the strike notices had expired. The applicant failed to make out a prima facie case in its founding affidavit, relying solely on the collective agreement ground, which was factually incorrect. The attempt to introduce the strike notice ground in reply was impermissible. Even if considered, the cumulative effect of the strike notices provided the required 48 hours' notice, and the notices were not confusing. The applicant's conduct in obtaining the rule nisi on short notice and on a misrepresentation of the facts warranted a punitive costs order. Accordingly, the rule nisi...

Citation
[2016] ZALCD 15
Parties
Applicant: Liberty Liquors (Pty) Ltd; Respondent: SACTWU; Respondent: Mxolisi Vusumuzi and 25 Others
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
4 August 2016
Case Number
D725/16
Procedural Posture
Urgent Application / Return Date for Confirmation of Rule Nisi
Outcome
The rule nisi issued on 30 June 2016 is discharged with costs on an attorney-and-client basis.
Judges
Whitcher
Legal Topics
Strike Interdict, Collective Agreement, Urgent Application, Mootness, Costs Order
Labour Law Civil Procedure Strike Interdict Collective Agreement Urgent Application Mootness Costs Order

Case Brief

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Parties

Liberty Liquors (Pty) Ltd

Applicant

SACTWU

Respondent

Mxolisi Vusumuzi and 25 Others

Respondent

Procedural Posture

Urgent Application / Return Date for Confirmation of Rule Nisi

Legal Issues

  1. 1 Whether the applicant made out a prima facie case for a strike interdict in its founding affidavit.
  2. 2 Whether the respondents were bound by a collective agreement precluding participation in the strike.
  3. 3 Whether the strike notices complied with the statutory requirement of 48 hours' notice under section 64(1)(b)(i) of the LRA.

Ratio Decidendi

The court found that the matter was moot because the strike did not proceed as a result of the interim interdict, and the strike notices had expired. The applicant failed to make out a prima facie case in its founding affidavit, relying solely on the collective agreement ground, which was factually incorrect. The attempt to introduce the strike notice ground in reply was impermissible. Even if considered, the cumulative effect of the strike notices provided the required 48 hours' notice, and the notices were not confusing. The applicant's conduct in obtaining the rule nisi on short notice and on a misrepresentation of the facts warranted a punitive costs order. Accordingly, the rule nisi...

Court Disposition

The rule nisi issued on 30 June 2016 is discharged with costs on an attorney-and-client basis.

Orders

  • The rule nisi issued on 30 June 2016 is discharged.
  • The applicant is ordered to pay the respondents' costs on an attorney-and-client basis.