South African Postal Workers Union v South African Post Office (SOC) Limited (J2871/17) [2017] ZALCJHB 444 (28 November 2017)

South African Postal Workers Union v South African Post Office (SOC) Limited (J2871/17) [2017] ZALCJHB 444 (28 November 2017)

The court found that SAPWU failed to demonstrate urgency, having passively responded to SAPO's notice of intention to terminate the recognition agreement and not acting with the necessary haste. SAPWU did not provide its own membership figures or promptly declare a dispute, instead relying on bare denials and delayed correspondence. The court held that SAPWU's urgency was self-created, as it had 90 days to challenge SAPO's figures and invoke internal dispute resolution mechanisms under the recognition agreement and the LRA. SAPWU's belated declaration of a dispute and application to court did not establish a clear or prima facie right to urgent relief. The court concluded that SAPWU had...

Citation
[2017] ZALCJHB 444
Parties
Applicant: THE SOUTH AFRICAN POSTAL WORKERS UNION; Respondent: THE SOUTH AFRICAN POST OFFICE (SOC) LIMITED
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 November 2017
Case Number
J2871/17
Procedural Posture
Urgent Application / Application to Strike Off Roll for Lack of Urgency
Outcome
Application struck off the roll for lack of urgency; no order as to costs.
Judges
E Tlhotlhalemaje
Legal Topics
Recognition Agreement, Organisational Rights, Urgent Application, Dispute Resolution, Representativeness Threshold
Labour Law Civil Procedure Recognition Agreement Organisational Rights Urgent Application Dispute Resolution Representativeness Threshold

Case Brief

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Parties

THE SOUTH AFRICAN POSTAL WORKERS UNION

Applicant

THE SOUTH AFRICAN POST OFFICE (SOC) LIMITED

Respondent

Procedural Posture

Urgent Application / Application to Strike Off Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application by SAPWU should be heard as urgent.
  2. 2 Whether SAPWU demonstrated sufficient urgency and acted with necessary haste.
  3. 3 Whether SAPWU has a clear or prima facie right to relief based on the recognition agreement.

Ratio Decidendi

The court found that SAPWU failed to demonstrate urgency, having passively responded to SAPO's notice of intention to terminate the recognition agreement and not acting with the necessary haste. SAPWU did not provide its own membership figures or promptly declare a dispute, instead relying on bare denials and delayed correspondence. The court held that SAPWU's urgency was self-created, as it had 90 days to challenge SAPO's figures and invoke internal dispute resolution mechanisms under the recognition agreement and the LRA. SAPWU's belated declaration of a dispute and application to court did not establish a clear or prima facie right to urgent relief. The court concluded that SAPWU had...

Court Disposition

Application struck off the roll for lack of urgency; no order as to costs.

Orders

  • The Applicant’s application is struck off from the roll for lack of urgency.
  • There is no order as to costs.