Pikitup (Soc) Limited v SAMWU and Others (JA82/13) [2013] ZALAC 33; [2014] 3 BLLR 217 (LAC); (2014) 35 ILJ 983 (LAC) (5 December 2013)

Pikitup (Soc) Limited v SAMWU and Others (JA82/13) [2013] ZALAC 33; [2014] 3 BLLR 217 (LAC); (2014) 35 ILJ 983 (LAC) (5 December 2013)

The Labour Appeal Court held that health and safety issues, including the method of alcohol testing, are matters of mutual interest and subject to collective bargaining. The demand by employees to abandon breathalyser testing was not unlawful, as the Occupational Health and Safety Act does not mandate breathalyser testing as the only reasonably practicable method of compliance. The employer's unilateral implementation of breathalyser testing, without proper engagement or consent, infringed on employees' rights to privacy and dignity. The right to strike should not be limited by implicit restrictions, and the dispute was properly a matter of mutual interest. The proposed strike was...

Citation
[2013] ZALAC 33
Parties
Appellant: Pikitup (SOC) Limited; Respondent: SAMWU obo Members; Respondent: Employees of Applicant listed in Annexure 'A'
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
5 December 2013
Case Number
JA82/13
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment; Challenge to Discharge of Interim Interdict
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Tlaletsi, C.J. Musi, Mokgoatlheng
Legal Topics
Right to Strike, Health and Safety, Matters of Mutual Interest, Collective Bargaining, Occupational Health and Safety Act, Unprotected Strike
Labour Law Civil Procedure Right to Strike Health and Safety Matters of Mutual Interest Collective Bargaining Occupational Health and Safety Act Unprotected Strike

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pikitup (SOC) Limited

Appellant

SAMWU obo Members

Respondent

Employees of Applicant listed in Annexure 'A'

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment; Challenge to Discharge of Interim Interdict

Legal Issues

  1. 1 Whether the demand by employees to abandon breathalyser testing is unlawful.
  2. 2 Whether health and safety issues constitute matters of mutual interest for purposes of protected strike action.
  3. 3 Whether the proposed strike is unprotected under the Labour Relations Act.

Ratio Decidendi

The Labour Appeal Court held that health and safety issues, including the method of alcohol testing, are matters of mutual interest and subject to collective bargaining. The demand by employees to abandon breathalyser testing was not unlawful, as the Occupational Health and Safety Act does not mandate breathalyser testing as the only reasonably practicable method of compliance. The employer's unilateral implementation of breathalyser testing, without proper engagement or consent, infringed on employees' rights to privacy and dignity. The right to strike should not be limited by implicit restrictions, and the dispute was properly a matter of mutual interest. The proposed strike was...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, such costs to include the costs occasioned by the employment of two counsel.