Mega Express (Pty) Limited v Employees Whose Names are Listed in Annexure A to the Notice of Application (J56/12) [2012] ZALCJHB 30; (2012) 33 ILJ 2634 (LC) (14 March 2012)

Mega Express (Pty) Limited v Employees Whose Names are Listed in Annexure A to the Notice of Application (J56/12) [2012] ZALCJHB 30; (2012) 33 ILJ 2634 (LC) (14 March 2012)

The court found that the Main Collective Agreement was binding on all respondents for its duration, regardless of union membership status at the time of signing or subsequent resignation. The respondents' collective refusal to work shifts before 06h00 and after 18h00 constituted strike action as defined in section 213 of the LRA. The dispute regarding night shift allowances and transport was governed by the collective agreement, which included a dispute resolution clause requiring arbitration. By embarking on strike action instead of referring the dispute to arbitration, the respondents acted in breach of the agreement and sections 24 and 65 of the LRA, rendering the strike unprotected....

Citation
[2012] ZALCJHB 30
Parties
Applicant: Mega Express (Pty) Limited; Respondent: Employees Whose Names are Listed in Annexure A to the Notice of Application
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 March 2012
Case Number
J56/12
Procedural Posture
Urgent Application / Interim Interdict
Outcome
Interim interdict granted; respondents' strike declared unprotected.
Judges
Lallie
Legal Topics
Unprotected Strike, Collective Agreement, Interim Interdict, Night Shift Allowance, Dispute Resolution, Basic Conditions of Employment
Labour Law Civil Procedure Unprotected Strike Collective Agreement Interim Interdict Night Shift Allowance Dispute Resolution Basic Conditions of Employment

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Parties

Mega Express (Pty) Limited

Applicant

Employees Whose Names are Listed in Annexure A to the Notice of Application

Respondent

Procedural Posture

Urgent Application / Interim Interdict

Legal Issues

  1. 1 Whether the respondents' collective refusal to work certain shifts constituted an unprotected strike under the Labour Relations Act.
  2. 2 Whether the Main Collective Agreement was binding on all respondents, including those who resigned from the union.
  3. 3 Whether the applicant was required to provide transport for night work under the Basic Conditions of Employment Act.

Ratio Decidendi

The court found that the Main Collective Agreement was binding on all respondents for its duration, regardless of union membership status at the time of signing or subsequent resignation. The respondents' collective refusal to work shifts before 06h00 and after 18h00 constituted strike action as defined in section 213 of the LRA. The dispute regarding night shift allowances and transport was governed by the collective agreement, which included a dispute resolution clause requiring arbitration. By embarking on strike action instead of referring the dispute to arbitration, the respondents acted in breach of the agreement and sections 24 and 65 of the LRA, rendering the strike unprotected....

Court Disposition

Interim interdict granted; respondents' strike declared unprotected.

Orders

  • The withholding of services and collective refusal to work shifts before 06h00 and after 18h00 is declared an unprotected strike under section 68 of the Labour Relations Act.
  • Respondents are interdicted and restrained from participating in such unprotected strike.