Skets Projects (Pty) Ltd v South African Transport and Allied Workers Union (J 546/2020) [2020] ZALCJHB 99 (24 June 2020)

Skets Projects (Pty) Ltd v South African Transport and Allied Workers Union (J 546/2020) [2020] ZALCJHB 99 (24 June 2020)

The court found that the respondent, by virtue of its membership in the National Bargaining Council for the Private Security Sector, already enjoys the organisational rights of access and check-off under section 19 of the Labour Relations Act. There is no evidence that the respondent's demands extended beyond these rights, and thus, there is no legitimate dispute that could form the basis of a protected strike. The applicant is not an essential service for the purposes of the LRA, and the strike notice issued by the respondent does not sufficiently particularize the nature of the demand. The applicant established a prima facie right to relief, warranting an interim interdict restraining...

Citation
[2020] ZALCJHB 99
Parties
Applicant: Skets Projects (Pty) Ltd; Respondent: South African Transport and Allied Workers Union
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 June 2020
Case Number
J 546/2020
Procedural Posture
Urgent Application / Interim Interdict
Outcome
Interim interdict granted restraining the respondent and its members from participating in the strike pending the return date.
Judges
Van Niekerk
Legal Topics
Organisational Rights, Strike Interdict, Bargaining Council Scope, Essential Services, Collective Agreements
Labour Law Civil Procedure Organisational Rights Strike Interdict Bargaining Council Scope Essential Services Collective Agreements

Case Brief

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Parties

Skets Projects (Pty) Ltd

Applicant

South African Transport and Allied Workers Union

Respondent

Procedural Posture

Urgent Application / Interim Interdict

Legal Issues

  1. 1 Whether the strike called by the respondent is protected under the Labour Relations Act.
  2. 2 Whether the respondent is entitled to demand organisational rights beyond those conferred by membership of the bargaining council.
  3. 3 Whether the applicant is an essential service for the purposes of the LRA.

Ratio Decidendi

The court found that the respondent, by virtue of its membership in the National Bargaining Council for the Private Security Sector, already enjoys the organisational rights of access and check-off under section 19 of the Labour Relations Act. There is no evidence that the respondent's demands extended beyond these rights, and thus, there is no legitimate dispute that could form the basis of a protected strike. The applicant is not an essential service for the purposes of the LRA, and the strike notice issued by the respondent does not sufficiently particularize the nature of the demand. The applicant established a prima facie right to relief, warranting an interim interdict restraining...

Court Disposition

Interim interdict granted restraining the respondent and its members from participating in the strike pending the return date.

Orders

  • The respondent is called on to show cause on 11 September at 10 am why an order should not be granted declaring the strike unprotected, interdicting participation, and awarding costs against the respondent.
  • Pending the return date, the provisions of paragraphs a, b and c shall operate as an interim interdict.