SALGA v SAMWU (J1320/07) [2007] ZALC 43; [2008] 1 BLLR 66 (LC); (2007) 28 ILJ 2603 (LC) (12 June 2007)

SALGA v SAMWU (J1320/07) [2007] ZALC 43; [2008] 1 BLLR 66 (LC); (2007) 28 ILJ 2603 (LC) (12 June 2007)

The court found that the requirements of section 66(2) of the Labour Relations Act for a protected secondary strike were met. The strike was limited to one day, excluded essential service workers, and was reasonable in its nature and extent. The integrated and cooperative structure of government established by the Constitution means that municipal services can have an indirect effect on national and provincial government, thereby placing pressure on the primary employer in the bargaining process. The court rejected the argument that only a direct dependency between employers is required, emphasizing instead the proportionality and possible indirect effects. As a result, the secondary...

Citation
[2007] ZALC 43
Parties
Applicant: SALGA; Respondent: SAMWU
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 June 2007
Case Number
J1320/07
Procedural Posture
Urgent Application / Final Order After Urgent Application
Outcome
Application dismissed; secondary strike declared protected.
Judges
A Van Niekerk
Legal Topics
Secondary Strike, Protected Strike, Reasonableness Requirement, Essential Services, Collective Bargaining, Constitutional Cooperative Government
Labour Law Secondary Strike Protected Strike Reasonableness Requirement Essential Services Collective Bargaining Constitutional Cooperative Government

Case Brief

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Parties

SALGA

Applicant

SAMWU

Respondent

Procedural Posture

Urgent Application / Final Order After Urgent Application

Legal Issues

  1. 1 Whether the proposed secondary strike by SAMWU members in the municipal sector is protected under section 66 of the LRA.
  2. 2 Whether the nature and extent of the secondary strike is reasonable in relation to its possible effect on the business of the primary employer.
  3. 3 Whether essential service workers may lawfully participate in the secondary strike.

Ratio Decidendi

The court found that the requirements of section 66(2) of the Labour Relations Act for a protected secondary strike were met. The strike was limited to one day, excluded essential service workers, and was reasonable in its nature and extent. The integrated and cooperative structure of government established by the Constitution means that municipal services can have an indirect effect on national and provincial government, thereby placing pressure on the primary employer in the bargaining process. The court rejected the argument that only a direct dependency between employers is required, emphasizing instead the proportionality and possible indirect effects. As a result, the secondary...

Court Disposition

Application dismissed; secondary strike declared protected.

Orders

  • The one-day secondary strike called by SAMWU in the municipal sector on 13 June 2007 is a protected strike.
  • Members of SAMWU who are not engaged in essential services may participate in the strike and will enjoy the protections conferred by section 67 of the LRA.