Ntimane and Others v Agrinet t/a Vetsak (Pty) Ltd (J3202/98) [1998] ZALC 98 (1 November 1998)

Ntimane and Others v Agrinet t/a Vetsak (Pty) Ltd (J3202/98) [1998] ZALC 98 (1 November 1998)

The court held that Agrinet's lock-out was a continuation of the original defensive lock-out instituted in response to the protected strike. The withdrawal of the strike by the union did not alter the nature of the lock-out or render it unprotected. Section 76 of the Labour Relations Act allows an employer to employ replacement labour during a lock-out that is in response to a strike, and this right persists until the lock-out ends. The application for a declaration that the lock-out was unprotected and for an interdict against the employment of replacement labour was therefore dismissed.

Citation
[1998] ZALC 98
Parties
Applicant: Roy Ntimane and Others; Respondent: Agrinet t/a Vetsak (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 November 1998
Case Number
J3202/98
Procedural Posture
Urgent Application / Return Day of Rule Nisi
Outcome
Application dismissed. No order as to costs.
Judges
A A Landman
Legal Topics
Protected Lock Out, Replacement Labour, Collective Bargaining, Strike Action, Labour Relations Act, Defensive Lock Out
Labour Law Protected Lock Out Replacement Labour Collective Bargaining Strike Action Labour Relations Act Defensive Lock Out

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Parties

Roy Ntimane and Others

Applicant

Agrinet t/a Vetsak (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi

Legal Issues

  1. 1 Is Agrinet's lock-out in compliance with section 68 of the Labour Relations Act 66 of 1995?
  2. 2 If the lock-out is protected, is Agrinet entitled to employ temporary labour for the duration of the lock-out?

Ratio Decidendi

The court held that Agrinet's lock-out was a continuation of the original defensive lock-out instituted in response to the protected strike. The withdrawal of the strike by the union did not alter the nature of the lock-out or render it unprotected. Section 76 of the Labour Relations Act allows an employer to employ replacement labour during a lock-out that is in response to a strike, and this right persists until the lock-out ends. The application for a declaration that the lock-out was unprotected and for an interdict against the employment of replacement labour was therefore dismissed.

Court Disposition

Application dismissed. No order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.