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South Africa Judgment

Labour Court Johannesburg

Unitrans Supply Chain Solutions (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J651/17) [2017] ZALCJHB 471 (19 December 2017)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the collective refusal by the applicant's drivers to assist Pick n Pay staff with offloading goods at Pick n Pay stores amounted to unprotected strike action. The conduct was not protected under the Labour Relations Act, as the necessary procedures for protected industrial action had not been followed. Consequently, the interim rule previously issued was confirmed.

Court disposition

The rule issued on 22 March 2017 and extended on 11 May 2017 and 3 November 2017 is confirmed. No order as to costs.

Orders

  • The rule issued 22 March 2017 by consent and extended on 11 May 2017 and 3 November 2017 is confirmed.
  • No order is made as to costs.

02

Material facts

Parties

Unitrans Supply Chain Solutions (Pty) Ltd

Applicant

Association of Mineworkers and Construction Union

Respondent

Individual Respondents

Respondent

03

Procedural history

  1. Posture

    Urgent Application / Confirmation of Interim Interdict

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant argued that its drivers, who perform delivery duties for Pick n Pay, engaged in unprotected strike action by refusing to assist Pick n Pay staff with the offloading of goods at Pick n Pay stores. The applicant sought confirmation of the interim interdict previously granted.
Respondent
The respondents contended that the refusal to assist with offloading did not amount to strike action as defined in the Labour Relations Act, and opposed the confirmation of the interim order.

05

Court’s reasoning

  1. 01

    Labour Relations Act 66 of 1995

    A refusal by employees to perform duties that fall within their contractual obligations, when done collectively, may constitute unprotected strike action if not compliant with statutory requirements.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the collective refusal by the applicant's drivers to assist Pick n Pay staff with offloading goods at Pick n Pay stores amounted to unprotected strike action. The conduct was not protected under the Labour Relations Act, as the necessary procedures for protected industrial action had not been followed. Consequently, the interim rule previously issued was confirmed.

Obiter and limits

  • Full reasons for the finding will be filed in January 2018.

Court disposition

The rule issued on 22 March 2017 and extended on 11 May 2017 and 3 November 2017 is confirmed. No order as to costs.

  • The rule issued 22 March 2017 by consent and extended on 11 May 2017 and 3 November 2017 is confirmed.
  • No order is made as to costs.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

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Source document

Labour Court Johannesburg

Judgment

[2017] ZALCJHB 471

Not reportable

THE LABOUR COURT OF SOUTH AFRICA,

HELD AT JOHANNESBURG

Case no: J 651/17

In the matter between:

UNITRANS SUPPLY CHAIN SOLUTIONS (PTY) LTD First Applicant and

ASSOCIATION OF

MINEWORKERS AND

CONSTRUCTION UNION First Respondent

INDIVIDUAL

RESPONDENTS Second to Further Respondents

Heard: 3 November 2017

Delivered: 19 December 2017

Summary: (Strike interdict – confirmation of the rule)

JUDGMENT

LAGRANGE J

[1] Having considered the matter and having heard both parties’ representatives, the refusal of the applicant’s drivers

performing delivery duties for Pick n Pay to assist Pick n Pay staff with the offloading of goods at Pick n Pay stores constitutes

unprotected strike action.

[2] Full reasons for this finding will be filed in January 2018.

Order

[1] The rule issued 22 March 2017 by consent and extended on 11 May 2017 and 3 November 2017 is confirmed.

[2] No order is made as to costs.

_______

Lagrange J

Judge of the Labour Court of South Africa

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Labour Relations Act 66 of 1995

Legislation

Legislation referenced in the available case record.

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