Pride Milling Company (Pty) Ltd v FGWU and Others (J 469/11) [2011] ZALCJHB 230 (4 August 2011)

Pride Milling Company (Pty) Ltd v FGWU and Others (J 469/11) [2011] ZALCJHB 230 (4 August 2011)

The court found that the Applicant had unilaterally changed the terms and conditions of employment relating to tea and lunch breaks without proper consultation. The certificate of outcome issued by the CCMA was regular and valid, and the Respondents were entitled to refer the dispute and seek relief. The right to strike is not limited to union members, and the Labour Relations Act does not require a ruling before the issuance of a certificate of outcome in section 64(4) disputes. The Respondents' alternative relief—to restore the previous breaks and compensate for lost time—was appropriate and preferable to industrial action. The Rule Nisi was discharged, and the Applicant was ordered to...

Citation
[2011] ZALCJHB 230
Parties
Applicant: Pride Milling Company (Pty) Ltd; Respondent: FGWU; Respondent: Those Employees Identified in Annexure 'A' of the Substantive Application
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 August 2011
Case Number
J 469/11
Procedural Posture
Urgent Application / Return Date for Confirmation or Discharge of Rule Nisi
Outcome
Rule Nisi discharged. Applicant ordered to restore previous lunch and tea breaks and compensate employees for lost time. No order as to costs.
Judges
CAWE
Legal Topics
Unilateral Change to Terms and Conditions, Protected Strike, Collective Agreement, Meal Intervals, Section 64 Lra, Fair Labour Practices
Labour Law Civil Procedure Unilateral Change to Terms and Conditions Protected Strike Collective Agreement Meal Intervals Section 64 Lra Fair Labour Practices

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Parties

Pride Milling Company (Pty) Ltd

Applicant

FGWU

Respondent

Those Employees Identified in Annexure 'A' of the Substantive Application

Respondent

Procedural Posture

Urgent Application / Return Date for Confirmation or Discharge of Rule Nisi

Legal Issues

  1. 1 Whether the Applicant unilaterally changed the terms and conditions of employment regarding tea and lunch breaks without consulting the union.
  2. 2 Whether the certificate of outcome issued by the CCMA was irregular and grounds for review.
  3. 3 Whether the Respondents are entitled to strike action under section 64(4) of the Labour Relations Act.

Ratio Decidendi

The court found that the Applicant had unilaterally changed the terms and conditions of employment relating to tea and lunch breaks without proper consultation. The certificate of outcome issued by the CCMA was regular and valid, and the Respondents were entitled to refer the dispute and seek relief. The right to strike is not limited to union members, and the Labour Relations Act does not require a ruling before the issuance of a certificate of outcome in section 64(4) disputes. The Respondents' alternative relief—to restore the previous breaks and compensate for lost time—was appropriate and preferable to industrial action. The Rule Nisi was discharged, and the Applicant was ordered to...

Court Disposition

Rule Nisi discharged. Applicant ordered to restore previous lunch and tea breaks and compensate employees for lost time. No order as to costs.

Orders

  • The Rule Nisi is discharged.
  • The Respondent is to restore the lunch and tea breaks of the Second and Further Respondents to where they were before the change thereto.