Johannesburg Metropolitan Bus Services (SOC) Ltd v Democratic Municipal and Allied Workers Union and Another (J1799/19) [2019] ZALCJHB 247; (2020) 41 ILJ 217 (LC) (20 September 2019)

Johannesburg Metropolitan Bus Services (SOC) Ltd v Democratic Municipal and Allied Workers Union and Another (J1799/19) [2019] ZALCJHB 247; (2020) 41 ILJ 217 (LC) (20 September 2019)

Leave to appeal is granted because the issue of whether a demand for an 'in principle' agreement on pay progression constitutes a legitimate strike demand is novel and has not previously been considered by the Labour Court. The applicant's request for interim interdictory relief pending appeal is refused, as the court does not have the power to grant relief contrary to its previous order in the context of a leave to appeal application. The effect of granting leave to appeal is that the declaratory order permitting the protected strike is suspended pending the outcome of the appeal. Any continuation of the strike during this period exposes the respondents to the risk that, if the appeal...

Citation
[2019] ZALCJHB 247
Parties
Applicant: Johannesburg Metropolitan Bus Services (SOC) Ltd; Respondent: Democratic Municipal and Allied Workers Union; Respondent: Members listed in Annexure “A”
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 September 2019
Case Number
J1799/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Final Order
Outcome
Leave to appeal granted; interim interdictory relief refused; no order as to costs.
Judges
R G Lagrange
Legal Topics
Protected Strike, Pay Progression, Leave to Appeal, Declaratory Order
Labour Law Civil Procedure Protected Strike Pay Progression Leave to Appeal Declaratory Order

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Parties

Johannesburg Metropolitan Bus Services (SOC) Ltd

Applicant

Democratic Municipal and Allied Workers Union

Respondent

Members listed in Annexure “A”

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Final Order

Legal Issues

  1. 1 Whether leave to appeal should be granted regarding the declaratory order permitting a protected strike over pay progression demands.
  2. 2 Whether the court can grant interim interdictory relief contrary to its previous order pending appeal.
  3. 3 Whether the demand for an 'in principle' agreement on pay progression constitutes a legitimate strike demand or a disguised wage demand.

Ratio Decidendi

Leave to appeal is granted because the issue of whether a demand for an 'in principle' agreement on pay progression constitutes a legitimate strike demand is novel and has not previously been considered by the Labour Court. The applicant's request for interim interdictory relief pending appeal is refused, as the court does not have the power to grant relief contrary to its previous order in the context of a leave to appeal application. The effect of granting leave to appeal is that the declaratory order permitting the protected strike is suspended pending the outcome of the appeal. Any continuation of the strike during this period exposes the respondents to the risk that, if the appeal...

Court Disposition

Leave to appeal granted; interim interdictory relief refused; no order as to costs.

Orders

  • The applicant is granted leave to appeal against the court’s declaratory order permitting a protected strike over the pay progression demand.
  • The applicant must deliver its notice of leave to appeal on an urgent basis by no later than 23 September 2019.