Unitrans Fuel and Chemical (Pty) Ltd v Transport and Allied Workers Union of South Africa and Another (J 1633/10) [2010] ZALC 297 (15 September 2010)

Unitrans Fuel and Chemical (Pty) Ltd v Transport and Allied Workers Union of South Africa and Another (J 1633/10) [2010] ZALC 297 (15 September 2010)

The court found that there are reasonable prospects that a court on appeal may determine the first three demands—wage discrepancies, wage cuts, and coupling—are substantive issues as defined in the main collective agreement. These issues are subject to negotiation at council level only and cannot form the basis of a protected strike due to the limitations in section 65(1)(a) and (3)(a) of the Labour Relations Act. The applicant is not precluded from raising new points of law on appeal, and the basis for the appeal was sufficiently foreshadowed in the papers. The union's fourth demand regarding the administration of the provident fund was found to be a legitimate demand and not a...

Citation
[2010] ZALC 297
Parties
Applicant: Unitrans Fuel and Chemical (Pty) Ltd; Respondent: Transport and Allied Workers Union of South Africa; Respondent: National Bargaining Council for the Road Freight Industry
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
15 September 2010
Case Number
J 1633/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Interdict Application
Outcome
Leave to appeal against the order made on 3 September 2010 is granted.
Judges
Van Niekerk
Legal Topics
Protected Strike, Collective Agreement Interpretation, Limitations on Strike Action, Leave to Appeal, Urgent Interdict
Labour Law Civil Procedure Protected Strike Collective Agreement Interpretation Limitations on Strike Action Leave to Appeal Urgent Interdict

Case Brief

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Parties

Unitrans Fuel and Chemical (Pty) Ltd

Applicant

Transport and Allied Workers Union of South Africa

Respondent

National Bargaining Council for the Road Freight Industry

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Interdict Application

Legal Issues

  1. 1 Whether the strike called by the union was protected under the Labour Relations Act and relevant collective agreements.
  2. 2 Whether the applicant may raise new points of law on appeal.
  3. 3 Whether the union's demands constitute substantive issues precluded from plant-level negotiation under the main agreement.

Ratio Decidendi

The court found that there are reasonable prospects that a court on appeal may determine the first three demands—wage discrepancies, wage cuts, and coupling—are substantive issues as defined in the main collective agreement. These issues are subject to negotiation at council level only and cannot form the basis of a protected strike due to the limitations in section 65(1)(a) and (3)(a) of the Labour Relations Act. The applicant is not precluded from raising new points of law on appeal, and the basis for the appeal was sufficiently foreshadowed in the papers. The union's fourth demand regarding the administration of the provident fund was found to be a legitimate demand and not a...

Court Disposition

Leave to appeal against the order made on 3 September 2010 is granted.

Orders

  • Leave to appeal against the order made on 3 September 2010 is granted, costs to be costs in the appeal.