South African Post Office Ltd v Communication Workers Union and Others (J1905/09) [2009] ZALC 95; (2010) 31 ILJ 997 (LC) ; [2010] 1 BLLR 84 (LC) (22 September 2009)

South African Post Office Ltd v Communication Workers Union and Others (J1905/09) [2009] ZALC 95; (2010) 31 ILJ 997 (LC) ; [2010] 1 BLLR 84 (LC) (22 September 2009)

The court found that the objective facts and circumstances, including the conduct of the parties and the communications issued by both CWU and the applicant, strongly support the conclusion that an oral agreement was reached resolving the dispute over salary anomalies and wage increases. The unsigned settlement document reflected the terms of this agreement. The majority of CWU members returned to work following the announcement of consensus, and no objections were raised by CWU or its members to the applicant's communication regarding the agreement. The principle of majoritarianism binds all branches and members to the decision of the negotiating team. The court held that the agreement...

Citation
[2009] ZALC 95
Parties
Applicant: South African Post Office Ltd; Respondent: Communication Workers Union; Respondent: Respondents referred to in Annexure 'A'
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 September 2009
Case Number
J1905/09
Procedural Posture
Urgent Application / Return Day of Rule Nisi; Confirmation of Interim Interdict
Outcome
The application is granted; the rule nisi is confirmed. The parties are found to have concluded an agreement resolving the dispute that gave rise to the strike action.
Judges
Molahlehi
Legal Topics
Collective Bargaining, Strike Action, Majoritarianism, Oral Agreement, Interdict, Ratification of Settlement
Labour Law Civil Procedure Collective Bargaining Strike Action Majoritarianism Oral Agreement Interdict Ratification of Settlement

Case Brief

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Parties

South African Post Office Ltd

Applicant

Communication Workers Union

Respondent

Respondents referred to in Annexure 'A'

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi; Confirmation of Interim Interdict

Legal Issues

  1. 1 Whether the parties concluded a binding agreement resolving the dispute that gave rise to the strike action.
  2. 2 Whether the right to strike was abandoned by the Communication Workers Union and its members.
  3. 3 Whether the unsigned settlement agreement constituted a valid collective agreement under the Labour Relations Act.

Ratio Decidendi

The court found that the objective facts and circumstances, including the conduct of the parties and the communications issued by both CWU and the applicant, strongly support the conclusion that an oral agreement was reached resolving the dispute over salary anomalies and wage increases. The unsigned settlement document reflected the terms of this agreement. The majority of CWU members returned to work following the announcement of consensus, and no objections were raised by CWU or its members to the applicant's communication regarding the agreement. The principle of majoritarianism binds all branches and members to the decision of the negotiating team. The court held that the agreement...

Court Disposition

The application is granted; the rule nisi is confirmed. The parties are found to have concluded an agreement resolving the dispute that gave rise to the strike action.

Orders

  • The parties concluded an agreement in terms of which the dispute that gave rise to the strike action was resolved.
  • The rule nisi made by the Court on 4 September 2009 is confirmed.