Sun International Limited v South African Commercial Catering and Allied Workers Union (JA45/16) [2017] ZALAC 24; (2017) 38 ILJ 1799 (LAC); [2017] 8 BLLR 776 (LAC) (3 May 2017)

Sun International Limited v South African Commercial Catering and Allied Workers Union (JA45/16) [2017] ZALAC 24; (2017) 38 ILJ 1799 (LAC); [2017] 8 BLLR 776 (LAC) (3 May 2017)

The Court found that the dispute between the parties had been resolved by agreement and that there was no longer a live issue regarding the use of replacement labour under section 76(1)(b) of the Labour Relations Act. The facts indicated that neither party contemplated further strike or lockout action, and no...

Source-derived case information.

Citation
[2017] ZALAC 24
Parties
Appellant: Sun International Limited; Respondent: South African Commercial Catering and Allied Workers Union
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
3 May 2017
Case Number
JA45/16
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed on the ground of mootness; no costs order made.
Judges
Davis, Jappie, Kathree-Setiloane
Legal Topics
Replacement Labour, Protected Lockout, Interpretation of Lra, Mootness, Urgent Interdict
Labour Law Replacement Labour Protected Lockout Interpretation of Lra Mootness Urgent Interdict

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Summary, issues, holding and outcome

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Parties

Sun International Limited

Appellant

South African Commercial Catering and Allied Workers Union

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the appeal is moot given the resolution of the underlying dispute between the parties.
  2. 2 Whether the Labour Court correctly interpreted section 76(1)(b) of the Labour Relations Act regarding the use of replacement labour after a strike has ended.

Ratio Decidendi

The Court found that the dispute between the parties had been resolved by agreement and that there was no longer a live issue regarding the use of replacement labour under section 76(1)(b) of the Labour Relations Act. The facts indicated that neither party contemplated further strike or lockout action, and no evidence suggested an ongoing dispute. The Court distinguished the present case from Mawethu Civils, where a live employment relationship and contested terms justified hearing the appeal. The Court held that the present matter was fact-driven and did not warrant an advisory opinion on future conduct, as the appellant did not represent the broader labour community and no amicus curiae...

Court Disposition

Appeal dismissed on the ground of mootness; no costs order made.

Orders

  • The appeal is dismissed.
  • No order as to costs.