Swissport South Africa (Pty) Ltd v National Transport Movement and Another (J1917/16) [2016] ZALCJHB 489 (16 September 2016)

Swissport South Africa (Pty) Ltd v National Transport Movement and Another (J1917/16) [2016] ZALCJHB 489 (16 September 2016)

The court found that the true nature of the dispute was the calculation of hourly rates of pay under binding collective agreements, not a unilateral change to terms and conditions of employment. Any changes to remuneration resulted from the implementation of these agreements, and disagreements regarding their interpretation or application must be resolved through statutory dispute resolution mechanisms, not strike action. The respondents' attempt to recast the dispute as a unilateral change was disingenuous and vexatious, warranting a punitive costs order. The rule nisi was confirmed, and the respondents were ordered to pay costs on an attorney and client scale. The court also made...

Citation
[2016] ZALCJHB 489
Parties
Applicant: Swissport South Africa (Pty) Ltd; Respondent: National Transport Movement; Respondent: Those individual employees listed in Annexure "A" to the notice of motion
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 September 2016
Case Number
J1917/16
Procedural Posture
Urgent Application / Return Date of Rule Nisi; Confirmation of Interim Interdict
Outcome
The rule nisi is confirmed; the respondents are ordered to pay costs on an attorney and client scale; procedural directions are given for the contempt application.
Judges
A van Niekerk
Legal Topics
Collective Agreement Interpretation, Protected Strike Action, Unilateral Change of Employment Terms, Costs Order, Contempt Application
Labour Law Collective Agreement Interpretation Protected Strike Action Unilateral Change of Employment Terms Costs Order Contempt Application

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Parties

Swissport South Africa (Pty) Ltd

Applicant

National Transport Movement

Respondent

Those individual employees listed in Annexure "A" to the notice of motion

Respondent

Procedural Posture

Urgent Application / Return Date of Rule Nisi; Confirmation of Interim Interdict

Legal Issues

  1. 1 Whether the intended strike by the respondents was protected under the Labour Relations Act.
  2. 2 Whether there was a unilateral change to employees' terms and conditions of employment by the applicant.
  3. 3 Whether the dispute concerns the interpretation and application of collective agreements.

Ratio Decidendi

The court found that the true nature of the dispute was the calculation of hourly rates of pay under binding collective agreements, not a unilateral change to terms and conditions of employment. Any changes to remuneration resulted from the implementation of these agreements, and disagreements regarding their interpretation or application must be resolved through statutory dispute resolution mechanisms, not strike action. The respondents' attempt to recast the dispute as a unilateral change was disingenuous and vexatious, warranting a punitive costs order. The rule nisi was confirmed, and the respondents were ordered to pay costs on an attorney and client scale. The court also made...

Court Disposition

The rule nisi is confirmed; the respondents are ordered to pay costs on an attorney and client scale; procedural directions are given for the contempt application.

Orders

  • The rule nisi issued on 30 August 2016 is confirmed, with the identity of the second to further respondents as those listed in annexure RA2 to the replying affidavit.
  • The first and second to further respondents are to pay the costs of the proceedings on the scale as between attorney and client, jointly and severally, the one paying the other to be absolved.