Regional Commissioner for Correctional Services, Western Cape and Another v POPCRU and Others (C1126/2010) [2011] ZALCCT 42 (7 January 2011)

Regional Commissioner for Correctional Services, Western Cape and Another v POPCRU and Others (C1126/2010) [2011] ZALCCT 42 (7 January 2011)

The court found that the respondents, as employees engaged in an essential service, are prohibited from embarking on strike action under the Labour Relations Act. The refusal to work according to the interim shift arrangements, coupled with demands to revert to the previous shift system, constituted an unprotected strike. The respondents did not pursue available remedies such as conciliation and arbitration, and their conduct threatened the security and well-being of offenders and the public. The applicants met the requirements for interdictal relief, and the court condoned their failure to comply with procedural rules due to the urgency of the matter. The application for an interdict was...

Citation
[2011] ZALCCT 42
Parties
Applicant: Regional Commissioner for Correctional Services, Western Cape; Applicant: Area Commissioner for Correctional Services, Goodwood Management Area; Respondent: POPCRU; Respondent: SS Bangani & Others whose names appear in Schedule A
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
7 January 2011
Case Number
C1126/2010
Procedural Posture
Urgent Application / Final Determination of Urgent Application for Interdict
Outcome
Application granted. Interdict issued against respondents. No order as to costs.
Judges
Francis
Legal Topics
Essential Services, Unprotected Strike, Interdict, Collective Agreement, Shift Arrangements
Labour Law Civil Procedure Essential Services Unprotected Strike Interdict Collective Agreement Shift Arrangements

Case Brief

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Parties

Regional Commissioner for Correctional Services, Western Cape

Applicant

Area Commissioner for Correctional Services, Goodwood Management Area

Applicant

POPCRU

Respondent

SS Bangani & Others whose names appear in Schedule A

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Application for Interdict

Legal Issues

  1. 1 Whether the respondents' refusal to work according to interim shift arrangements constitutes an unprotected strike under the Labour Relations Act.
  2. 2 Whether the applicants are entitled to interdict the respondents from continuing with the strike action.
  3. 3 Whether the applicants' failure to comply with court rules should be condoned given the urgency of the matter.

Ratio Decidendi

The court found that the respondents, as employees engaged in an essential service, are prohibited from embarking on strike action under the Labour Relations Act. The refusal to work according to the interim shift arrangements, coupled with demands to revert to the previous shift system, constituted an unprotected strike. The respondents did not pursue available remedies such as conciliation and arbitration, and their conduct threatened the security and well-being of offenders and the public. The applicants met the requirements for interdictal relief, and the court condoned their failure to comply with procedural rules due to the urgency of the matter. The application for an interdict was...

Court Disposition

Application granted. Interdict issued against respondents. No order as to costs.

Orders

  • The applicants' failure to comply with the rules of court is condoned and the matter is heard on an urgent basis.
  • The action taken by the second and further respondents in pursuit of their demand for a two by 12 hour shift arrangement constitutes an unprotected strike not in compliance with the Labour Relations Act.