Vodacom (Pty) Ltd v CWU (JA16/08) [2009] ZALAC 25 (2 June 2009)

Vodacom (Pty) Ltd v CWU (JA16/08) [2009] ZALAC 25 (2 June 2009)

The Labour Appeal Court held that while section 64 of the LRA sets out the procedures for embarking on a strike, including the issuance of a certificate of outcome, these procedures do not confer an absolute right to strike. Section 65(1)(a) imposes a clear limitation: no person may participate in a strike if bound by a collective agreement regulating the issue in dispute. In this case, the existence of a binding collective agreement was common cause. Therefore, the certificate issued under section 64 could not override the statutory prohibition in section 65(1)(a). The court a quo erred in treating the certificate as an unqualified 'passport' to strike, disregarding the limitation...

Citation
[2009] ZALAC 25
Parties
Applicant: Vodacom (Pty) Limited; Respondent: CWU
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
2 June 2009
Case Number
JA16/08
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of Court a Quo
Outcome
Appeal upheld; rule nisi confirmed; no order as to costs for the appeal.
Judges
Davis, Leeuw, Jappie
Legal Topics
Collective Agreements, Organisational Rights, Strike Limitations, Section 65 Lra, Section 64 Lra
Labour Law Civil Procedure Collective Agreements Organisational Rights Strike Limitations Section 65 Lra Section 64 Lra

Case Brief

Summary, issues, holding and outcome

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Parties

Vodacom (Pty) Limited

Applicant

CWU

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of Court a Quo

Legal Issues

  1. 1 Whether a certificate issued under section 64 of the LRA provides an unqualified right to strike despite a collective agreement regulating the issue in dispute.
  2. 2 Whether section 65(1)(a) of the LRA prohibits a strike where a collective agreement applies to the issue in dispute.
  3. 3 Whether the court a quo erred in discharging the rule nisi and refusing the interdict against the strike action.

Ratio Decidendi

The Labour Appeal Court held that while section 64 of the LRA sets out the procedures for embarking on a strike, including the issuance of a certificate of outcome, these procedures do not confer an absolute right to strike. Section 65(1)(a) imposes a clear limitation: no person may participate in a strike if bound by a collective agreement regulating the issue in dispute. In this case, the existence of a binding collective agreement was common cause. Therefore, the certificate issued under section 64 could not override the statutory prohibition in section 65(1)(a). The court a quo erred in treating the certificate as an unqualified 'passport' to strike, disregarding the limitation...

Court Disposition

Appeal upheld; rule nisi confirmed; no order as to costs for the appeal.

Orders

  • The rule nisi issued on 12 March 2007 is hereby confirmed.
  • The respondents are directed to pay the costs of the applicants relating to the entire application.