SALGA v SAMWU (J1320/07) [2007] ZALCJHB 75 (12 June 2007)

SALGA v SAMWU (J1320/07) [2007] ZALCJHB 75 (12 June 2007)

The court found that the secondary strike called by SAMWU was limited to a single day and excluded essential service workers. The procedural requirements of section 66(2) of the Labour Relations Act were satisfied. The substantive requirement of reasonableness was met because the integrated structure of government means that a municipal strike can have an indirect effect on the business of national government, thereby placing pressure on the primary employer in the bargaining process. The court rejected the argument that only a direct dependency between the primary and secondary employer is required, and held that proportionality and possible indirect effects are sufficient. As a result,...

Citation
[2007] ZALCJHB 75
Parties
Applicant: SALGA; Respondent: SAMWU
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 June 2007
Case Number
J1320/07
Procedural Posture
Urgent Application / Final Order After Urgent Application
Outcome
Application dismissed. The secondary strike is protected.
Judges
A VAN NIEKERK
Legal Topics
Secondary Strike, Protected Strike, Reasonableness Requirement, Essential Services, Collective Bargaining, Constitutional Framework
Labour Law Secondary Strike Protected Strike Reasonableness Requirement Essential Services Collective Bargaining Constitutional Framework

Case Brief

Summary, issues, holding and outcome

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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 Labour Relations Act.
  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 (national government).
  3. 3 Whether essential service workers are excluded from participation in the strike.

Ratio Decidendi

The court found that the secondary strike called by SAMWU was limited to a single day and excluded essential service workers. The procedural requirements of section 66(2) of the Labour Relations Act were satisfied. The substantive requirement of reasonableness was met because the integrated structure of government means that a municipal strike can have an indirect effect on the business of national government, thereby placing pressure on the primary employer in the bargaining process. The court rejected the argument that only a direct dependency between the primary and secondary employer is required, and held that proportionality and possible indirect effects are sufficient. As a result,...

Court Disposition

Application dismissed. The secondary strike is 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.