Metro Bus (Pty) Ltd v South African Municipal Workers Union obo Members (J738/09) [2009] ZALC 48; [2009] 9 BLLR 905 (LC); (2009) 30 ILJ 2952 (LC) (28 April 2009)

Metro Bus (Pty) Ltd v South African Municipal Workers Union obo Members (J738/09) [2009] ZALC 48; [2009] 9 BLLR 905 (LC); (2009) 30 ILJ 2952 (LC) (28 April 2009)

The Labour Court found that it does not have jurisdiction to interpret or apply collective bargaining agreements, as such disputes must be referred to arbitration under section 24 of the LRA. Metro Bus failed to show that a binding collective agreement prohibited bargaining on the salary band issue at the enterprise level, and there was no evidence of a referral to arbitration. The planned strike action based on the demand for movement within the salary band complied with the definition and procedural requirements of a protected strike under the LRA. Regarding the demand for Mr Ngcobo's suspension, the Court found that Metro Bus had complied with the requirements for a fair suspension and...

Citation
[2009] ZALC 48
Parties
Applicant: Metro Bus (Pty) Ltd; Respondent: South African Municipal Workers Union obo Members
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 April 2009
Case Number
J738/09
Procedural Posture
Urgent Application / Application for Urgent Interdict and Declaratory Relief
Outcome
Application dismissed in relation to the first demand; strike action based on salary band movement is lawful and protected; strike action based on suspension demand is unlawful and unprotected; no order as to costs.
Judges
Molahlehi
Legal Topics
Protected Strike, Collective Bargaining Agreement, Jurisdiction of Labour Court, Unfair Labour Practice, Final Interdict, Interim Interdict
Labour Law Civil Procedure Protected Strike Collective Bargaining Agreement Jurisdiction of Labour Court Unfair Labour Practice Final Interdict Interim Interdict

Case Brief

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Parties

Metro Bus (Pty) Ltd

Applicant

South African Municipal Workers Union obo Members

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict and Declaratory Relief

Legal Issues

  1. 1 Whether the planned strike action by SAMWU is protected and lawful under the Labour Relations Act.
  2. 2 Whether the Labour Court has jurisdiction to interpret and apply collective bargaining agreements in this context.
  3. 3 Whether Metro Bus complied with the requirements for a fair suspension of Mr Ngcobo, and whether a strike based on this demand is protected.

Ratio Decidendi

The Labour Court found that it does not have jurisdiction to interpret or apply collective bargaining agreements, as such disputes must be referred to arbitration under section 24 of the LRA. Metro Bus failed to show that a binding collective agreement prohibited bargaining on the salary band issue at the enterprise level, and there was no evidence of a referral to arbitration. The planned strike action based on the demand for movement within the salary band complied with the definition and procedural requirements of a protected strike under the LRA. Regarding the demand for Mr Ngcobo's suspension, the Court found that Metro Bus had complied with the requirements for a fair suspension and...

Court Disposition

Application dismissed in relation to the first demand; strike action based on salary band movement is lawful and protected; strike action based on suspension demand is unlawful and unprotected; no order as to costs.

Orders

  • The application is dismissed in relation to the first demand, which concerns the movement within the salary band.
  • There is no order as to costs.