Newcastle Local Municipality v SAMWU and Others (D448/2014) [2014] ZALCD 36 (12 August 2014)

Newcastle Local Municipality v SAMWU and Others (D448/2014) [2014] ZALCD 36 (12 August 2014)

The court found that the real issue in dispute was a demand for salary increases to narrow the wage gap between employees, which constitutes a wages and salaries matter. The collective agreement binding the parties prescribes that all bargaining on wages and salaries must occur at national level within the bargaining council. The first respondent's attempt to pursue workplace-level bargaining and strike action on this issue is prohibited by section 65(3)(a) of the LRA. The certificate of failure to settle issued by the third respondent does not affect the legality of the strike, as the right to strike accrues upon the expiry of 30 days from referral, regardless of the certificate's...

Citation
[2014] ZALCD 36
Parties
Applicant: Newcastle Local Municipality; Respondent: SAMWU; Respondent: South African Local Government Bargaining Council; Respondent: Ian Bulose N.O.
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
12 August 2014
Case Number
D448/2014
Procedural Posture
Urgent Application / Return Date on Rule Nisi; Final Interdict Sought
Outcome
The rule nisi is confirmed to the extent specified; the proposed strike is declared unprotected; the application to review the certificate of failure to settle is dismissed; no order as to costs.
Judges
Snyman
Legal Topics
Protected Strike, Collective Bargaining, Centralised Bargaining, Section 65 Lra, Interdict, Certificate of Failure to Settle
Labour Law Civil Procedure Protected Strike Collective Bargaining Centralised Bargaining Section 65 Lra Interdict Certificate of Failure to Settle

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Parties

Newcastle Local Municipality

Applicant

SAMWU

Respondent

South African Local Government Bargaining Council

Respondent

Ian Bulose N.O.

Respondent

Procedural Posture

Urgent Application / Return Date on Rule Nisi; Final Interdict Sought

Legal Issues

  1. 1 Whether the proposed strike by the first respondent and its members is protected or unprotected under the Labour Relations Act.
  2. 2 Whether the issue in dispute concerns wages and salaries regulated by a collective agreement requiring national level bargaining.
  3. 3 Whether the certificate of failure to settle issued by the third respondent should be reviewed and set aside.

Ratio Decidendi

The court found that the real issue in dispute was a demand for salary increases to narrow the wage gap between employees, which constitutes a wages and salaries matter. The collective agreement binding the parties prescribes that all bargaining on wages and salaries must occur at national level within the bargaining council. The first respondent's attempt to pursue workplace-level bargaining and strike action on this issue is prohibited by section 65(3)(a) of the LRA. The certificate of failure to settle issued by the third respondent does not affect the legality of the strike, as the right to strike accrues upon the expiry of 30 days from referral, regardless of the certificate's...

Court Disposition

The rule nisi is confirmed to the extent specified; the proposed strike is declared unprotected; the application to review the certificate of failure to settle is dismissed; no order as to costs.

Orders

  • The rule nisi issued on 21 May 2014 is confirmed only to the extent specified in this order.
  • Any strike action to be embarked upon or contemplated by the first respondent and its members in terms of the dispute referred to the second respondent on 22 April 2014 under case number KPD041413 is declared to constitute unprotected strike action as contemplated by section 68(1) of the Labour Relations Act.