SAMWU v JMS Meter Reading (Pty) Ltd (J 909/11) [2011] ZALCJHB 218 (31 May 2011)

SAMWU v JMS Meter Reading (Pty) Ltd (J 909/11) [2011] ZALCJHB 218 (31 May 2011)

The court held that the respondent's deductions from the salaries of striking employees for the period 26 May to 31 May 2011 were lawful. The applicant had given clear notice that its members would embark on an indefinite strike commencing 26 May 2011. In terms of section 67(3) of the Labour Relations Act and the respondent's established policy, the employer was entitled to apply the 'no work no pay' rule and deduct remuneration for days not worked. The court found no evidence of victimisation, as non-striking employees were not subject to deductions due to their continued service. The applicant failed to demonstrate that the deductions were unlawful or that urgent relief was warranted....

Citation
[2011] ZALCJHB 218
Parties
Applicant: SAMWU; Respondent: JMS Meter Reading (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 May 2011
Case Number
J 909/11
Procedural Posture
Urgent Application / Application for Urgent Relief Regarding Salary Deductions During Protected Strike
Outcome
Application dismissed.
Judges
Pather
Legal Topics
No Work No Pay, Protected Strike, Salary Deductions, Urgent Relief, Basic Conditions of Employment
Labour Law No Work No Pay Protected Strike Salary Deductions Urgent Relief Basic Conditions of Employment

Case Brief

Summary, issues, holding and outcome

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Parties

SAMWU

Applicant

JMS Meter Reading (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Urgent Relief Regarding Salary Deductions During Protected Strike

Legal Issues

  1. 1 Whether the respondent's deductions from striking employees' salaries for the period 26 May to 31 May 2011 were unlawful.
  2. 2 Whether the respondent applied its 'no work no pay' policy consistently and lawfully.
  3. 3 Whether the applicant established grounds for urgent relief.

Ratio Decidendi

The court held that the respondent's deductions from the salaries of striking employees for the period 26 May to 31 May 2011 were lawful. The applicant had given clear notice that its members would embark on an indefinite strike commencing 26 May 2011. In terms of section 67(3) of the Labour Relations Act and the respondent's established policy, the employer was entitled to apply the 'no work no pay' rule and deduct remuneration for days not worked. The court found no evidence of victimisation, as non-striking employees were not subject to deductions due to their continued service. The applicant failed to demonstrate that the deductions were unlawful or that urgent relief was warranted....

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.