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

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

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.

Citation
[2017] ZALCJHB 471
Parties
Applicant: Unitrans Supply Chain Solutions (Pty) Ltd; Respondent: Association of Mineworkers and Construction Union; Respondent: Individual Respondents
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 December 2017
Case Number
J651/17
Procedural Posture
Urgent Application / Confirmation of Interim Interdict
Outcome
The rule issued on 22 March 2017 and extended on 11 May 2017 and 3 November 2017 is confirmed. No order as to costs.
Judges
Lagrange
Legal Topics
Unprotected Strike, Interdict, Collective Action, Strike Rules
Labour Law Unprotected Strike Interdict Collective Action Strike Rules

Case Brief

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Parties

Unitrans Supply Chain Solutions (Pty) Ltd

Applicant

Association of Mineworkers and Construction Union

Respondent

Individual Respondents

Respondent

Procedural Posture

Urgent Application / Confirmation of Interim Interdict

Legal Issues

  1. 1 Whether the refusal by the applicant's drivers to assist Pick n Pay staff with offloading goods constitutes unprotected strike action.
  2. 2 Whether the interim rule issued previously should be confirmed.

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.

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.