Transnet SOC Ltd v SATAWU (J 2697/12) [2012] ZALCJHB 107; (2013) 34 ILJ 1281 (LC) (12 October 2012)

Transnet SOC Ltd v SATAWU (J 2697/12) [2012] ZALCJHB 107; (2013) 34 ILJ 1281 (LC) (12 October 2012)

The Court found that the secondary strike notice issued by SATAWU did not fully comply with the collective agreement, as it failed to set out sufficient grounds for the reasonableness of the strike in relation to its effect on the primary employers. However, the Court declined to prohibit the strike solely on this basis, noting that the parties had imposed more stringent requirements than the Act but that the deficiency was not fatal. On the substantive requirements of section 66(2)(c), the Court held that the nature and extent of the proposed secondary strike would have a major and disproportionate impact on Transnet, the secondary employer, while the possible effect on the primary...

Citation
[2012] ZALCJHB 107
Parties
Applicant: Transnet SOC Ltd; Respondent: SATAWU
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 October 2012
Case Number
J 2697/12
Procedural Posture
Urgent Application / Interim Interdict (rule Nisi) Pending CCMA Report
Outcome
Rule nisi granted: interim interdict issued against the secondary strike pending the CCMA report.
Judges
A Steenkamp
Legal Topics
Secondary Strike, Collective Agreement Compliance, Urgent Interdict, Proportionality Test, Strike Notice Requirements, Violence During Strike
Labour Law Secondary Strike Collective Agreement Compliance Urgent Interdict Proportionality Test Strike Notice Requirements Violence During Strike

Case Brief

Summary, issues, holding and outcome

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Parties

Transnet SOC Ltd

Applicant

SATAWU

Respondent

Procedural Posture

Urgent Application / Interim Interdict (rule Nisi) Pending CCMA Report

Legal Issues

  1. 1 Whether the secondary strike notice issued by SATAWU complies with the collective agreement and statutory requirements.
  2. 2 Whether the nature and extent of the proposed secondary strike is reasonable in relation to its possible direct or indirect effect on the business of the primary employers, as required by section 66(2)(c) of the LRA.
  3. 3 Whether the applicant is entitled to urgent interim relief pending a CCMA investigation under section 66(4)-(6) of the LRA.

Ratio Decidendi

The Court found that the secondary strike notice issued by SATAWU did not fully comply with the collective agreement, as it failed to set out sufficient grounds for the reasonableness of the strike in relation to its effect on the primary employers. However, the Court declined to prohibit the strike solely on this basis, noting that the parties had imposed more stringent requirements than the Act but that the deficiency was not fatal. On the substantive requirements of section 66(2)(c), the Court held that the nature and extent of the proposed secondary strike would have a major and disproportionate impact on Transnet, the secondary employer, while the possible effect on the primary...

Court Disposition

Rule nisi granted: interim interdict issued against the secondary strike pending the CCMA report.

Orders

  • A rule nisi is issued calling on SATAWU to show cause on 26 October 2012 why the following orders should not be made final: declaring the secondary strike by SATAWU members at Transnet Port Terminals and Transnet Freight Rail due to commence on 16 October 2012 is in contravention of section 66(2)(c) of the LRA.
  • Directing SATAWU to withdraw its secondary strike notice addressed to Transnet and dated 8 October 2012.