Two- A- Day Group (PTY) Ltd v Overberg Labour Union ("OLU") (Unregistered Union) (C108/2022) [2022] ZALCCT 32 (15 June 2022)

Two- A- Day Group (PTY) Ltd v Overberg Labour Union ("OLU") (Unregistered Union) (C108/2022) [2022] ZALCCT 32 (15 June 2022)

The court found that the respondents, excluding SAUWOLIMO, participated in an unprotected strike aimed at reversing the consequences of a binding collective agreement on shift hours. The evidence showed that the collective agreement applied to all relevant employees, including those who resigned from SAUWOLIMO and joined OLU. The respondents' actions, including refusal to work and attempts to compel management to suspend the shift system, constituted a strike as defined by the LRA. The settlement of the dispute occurred only after the interim interdict was granted, and ongoing discontent suggested the risk of further industrial action. The rule was confirmed, and costs were apportioned...

Citation
[2022] ZALCCT 32
Parties
Applicant: Two-A-Day Group (Pty) Limited; Respondent: Overberg Labour Union ("OLU"); Respondent: Craig Smith; Respondent: The Striking Union Members whose names are listed in Annexures A, B & C; Respondent: South African United Workers Liberation Movement ("SAUWOLIMO")
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
15 June 2022
Case Number
C108/2022
Procedural Posture
Urgent Application / Return Day for Confirmation of Interim Interdict
Outcome
The rule issued on 11 March 2022 is confirmed. The Second, Third and Further Respondents, excluding the First and Final Respondents, are each severally liable for an equal portion of the Applicant’s costs of the application.
Judges
Lagrange
Legal Topics
Unprotected Strike, Collective Agreement, Lockout Vs Strike, Costs Award, Union Registration
Labour Law Unprotected Strike Collective Agreement Lockout Vs Strike Costs Award Union Registration

Case Brief

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Parties

Two-A-Day Group (Pty) Limited

Applicant

Overberg Labour Union ("OLU")

Respondent

Craig Smith

Respondent

The Striking Union Members whose names are listed in Annexures A, B & C

Respondent

South African United Workers Liberation Movement ("SAUWOLIMO")

Respondent

Procedural Posture

Urgent Application / Return Day for Confirmation of Interim Interdict

Legal Issues

  1. 1 Whether the respondents, excluding the final respondent, engaged in unprotected strike action.
  2. 2 Whether the interim interdict should be confirmed as a final order.
  3. 3 Whether a costs order should be made against the respondents.

Ratio Decidendi

The court found that the respondents, excluding SAUWOLIMO, participated in an unprotected strike aimed at reversing the consequences of a binding collective agreement on shift hours. The evidence showed that the collective agreement applied to all relevant employees, including those who resigned from SAUWOLIMO and joined OLU. The respondents' actions, including refusal to work and attempts to compel management to suspend the shift system, constituted a strike as defined by the LRA. The settlement of the dispute occurred only after the interim interdict was granted, and ongoing discontent suggested the risk of further industrial action. The rule was confirmed, and costs were apportioned...

Court Disposition

The rule issued on 11 March 2022 is confirmed. The Second, Third and Further Respondents, excluding the First and Final Respondents, are each severally liable for an equal portion of the Applicant’s costs of the application.

Orders

  • The rule issued on 11 March 2022 is confirmed as a final order.
  • The Second, Third and Further Respondents, excluding the First and Final Respondents, are each severally liable for an equal portion of the Applicant’s costs of the application.