Mangaung Local Municipality v South African Municipal Workers Union (JS586/02) [2002] ZALC 104; (2003) 24 ILJ 405 (LC); [2003] 3 BLLR 268 (LC) (13 December 2002)

Mangaung Local Municipality v South African Municipal Workers Union (JS586/02) [2002] ZALC 104; (2003) 24 ILJ 405 (LC); [2003] 3 BLLR 268 (LC) (13 December 2002)

The court found that the applicant suffered losses attributable to an unprotected strike by the respondent's members, specifically lost income from the refusal of striking employees to work and overtime payments to non-striking employees. Losses resulting from the blockade of entrances, which prevented non-striking...

Source-derived case information.

Citation
[2002] ZALC 104
Parties
Applicant: Mangaung Local Municipality; Respondent: South African Municipal Workers Union
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
13 December 2002
Case Number
JS586/02
Procedural Posture
Compensation Application / Default Judgment After Respondent Failed to Oppose or Appear
Outcome
The respondent is ordered to pay the applicant compensation for losses attributable to the unprotected strike.
Judges
Maserumule AJ
Legal Topics
Unprotected Strike, Compensation for Loss, Collective Bargaining, Trade Union Liability
Labour Law Civil Procedure Unprotected Strike Compensation for Loss Collective Bargaining Trade Union Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mangaung Local Municipality

Applicant

South African Municipal Workers Union

Respondent

Procedural Posture

Compensation Application / Default Judgment After Respondent Failed to Oppose or Appear

Legal Issues

  1. 1 Whether the applicant suffered losses attributable to an unprotected strike by the respondent's members.
  2. 2 Whether the respondent union is liable to compensate the applicant for such losses under section 68(1)(b) of the Labour Relations Act.
  3. 3 Whether losses arising from conduct in furtherance of the strike, such as blockading entrances, are recoverable under section 68(1)(b).

Ratio Decidendi

The court found that the applicant suffered losses attributable to an unprotected strike by the respondent's members, specifically lost income from the refusal of striking employees to work and overtime payments to non-striking employees. Losses resulting from the blockade of entrances, which prevented non-striking employees from working, were deemed not recoverable under section 68(1)(b) as they arose from conduct in furtherance of the strike, not the strike itself. The respondent union was held liable for compensation because it failed to intervene or advise its members to end the strike after being made aware and requested to act. The court determined that a trade union in a collective...

Court Disposition

The respondent is ordered to pay the applicant compensation for losses attributable to the unprotected strike.

Orders

  • The respondent must pay the applicant compensation in the amount of R25,000 within 30 days of the judgment date.
  • The respondent is ordered to pay the applicant's costs on an unopposed scale.