SACWTU v Coats SA (Pty) Limited (D124/2001) [2001] ZALC 18; [2001] 8 BLLR 971 (LC); (2001) 22 ILJ 1413 (LC) (2 February 2001)

SACWTU v Coats SA (Pty) Limited (D124/2001) [2001] ZALC 18; [2001] 8 BLLR 971 (LC); (2001) 22 ILJ 1413 (LC) (2 February 2001)

The Court held that the phrase 'take into employment' in section 76(1)(b) of the Labour Relations Act is unambiguous and was deliberately chosen to exclude existing employees. The Legislature could have used the word 'employ' if it intended a broader meaning. Section 76(2) further clarifies that 'take into employment' refers to engaging temporary employment services or independent contractors, not current employees. The Court found that the respondent's use of existing employees to perform the work of locked out employees does not contravene section 76(1)(b), as these employees were not newly employed for this purpose. The application was dismissed as the matter was not urgent and no...

Citation
[2001] ZALC 18
Parties
Applicant: SACWTU; Respondent: Coats SA (Pty) Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 February 2001
Case Number
D124/2001
Procedural Posture
Urgent Application / Application for Urgent Interdict
Outcome
Application dismissed with no order as to costs.
Judges
Pillay
Legal Topics
Lockout, Section 76 Lra, Interpretation of Statute, Industrial Action
Labour Law Lockout Section 76 Lra Interpretation of Statute Industrial Action

Case Brief

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Parties

SACWTU

Applicant

Coats SA (Pty) Limited

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict

Legal Issues

  1. 1 Whether section 76(1)(b) of the Labour Relations Act prohibits an employer from requiring existing employees to perform the work of locked out employees when the lockout is not in response to a strike.
  2. 2 Whether the phrase 'take into employment' in section 76(1)(b) includes existing employees performing additional duties during a lockout.
  3. 3 Whether the respondent's conduct distorts the balance of power during industrial action.

Ratio Decidendi

The Court held that the phrase 'take into employment' in section 76(1)(b) of the Labour Relations Act is unambiguous and was deliberately chosen to exclude existing employees. The Legislature could have used the word 'employ' if it intended a broader meaning. Section 76(2) further clarifies that 'take into employment' refers to engaging temporary employment services or independent contractors, not current employees. The Court found that the respondent's use of existing employees to perform the work of locked out employees does not contravene section 76(1)(b), as these employees were not newly employed for this purpose. The application was dismissed as the matter was not urgent and no...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs.