Metro Bus (Pty) Ltd v South African Municipal Workers Union obo Members (J738/09) [2009] ZALCJHB 82 (28 April 2009)

Metro Bus (Pty) Ltd v South African Municipal Workers Union obo Members (J738/09) [2009] ZALCJHB 82 (28 April 2009)

The Labour Court does not have jurisdiction to interpret or apply collective bargaining agreements in the absence of a referral to arbitration under section 24 of the LRA. Metro Bus failed to establish a clear right to restrain the strike action based on the salary band movement demand, as there is no evidence of a binding collective agreement prohibiting such bargaining at the enterprise level. The planned strike action based on this demand meets the procedural requirements of section 64 of the LRA and is therefore lawful and protected. However, the demand for suspension of Mr Ngcobo, having already been investigated and resolved, does not constitute a lawful basis for strike action, and...

Citation
[2009] ZALCJHB 82
Parties
Applicant: Metro Bus (Pty) Ltd; Respondent: South African Municipal Workers Union obo Members
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 April 2009
Case Number
J738/09
Procedural Posture
Urgent Application / Final Judgment on Urgent Interdict Application
Outcome
Application dismissed in relation to the first demand; no order as to costs.
Judges
Molahlehi
Legal Topics
Protected Strike, Collective Bargaining Agreement, Jurisdiction of Labour Court, Unfair Labour Practice, Interpretation of Collective Agreement
Labour Law Civil Procedure Protected Strike Collective Bargaining Agreement Jurisdiction of Labour Court Unfair Labour Practice Interpretation of Collective Agreement

Case Brief

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Parties

Metro Bus (Pty) Ltd

Applicant

South African Municipal Workers Union obo Members

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Interdict Application

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to interpret and apply collective bargaining agreements in the context of a strike demand.
  2. 2 Whether the planned strike action by SAMWU based on movement within the salary band is protected and lawful.
  3. 3 Whether the demand for suspension of Mr Ngcobo constitutes a lawful and protected basis for strike action.

Ratio Decidendi

The Labour Court does not have jurisdiction to interpret or apply collective bargaining agreements in the absence of a referral to arbitration under section 24 of the LRA. Metro Bus failed to establish a clear right to restrain the strike action based on the salary band movement demand, as there is no evidence of a binding collective agreement prohibiting such bargaining at the enterprise level. The planned strike action based on this demand meets the procedural requirements of section 64 of the LRA and is therefore lawful and protected. However, the demand for suspension of Mr Ngcobo, having already been investigated and resolved, does not constitute a lawful basis for strike action, and...

Court Disposition

Application dismissed in relation to the first demand; 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.