Unitrans Supply Chain Solutions (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J651/17) [2017] ZALCJHB 471 (19 December 2017)
- Citation
- [2017] ZALCJHB 471
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Lagrange
- Case number
- J651/17
More details
- Court
- Labour Court Johannesburg
- Panel
- Lagrange
- Case number
- J651/17
On this page
Professional case brief
Research organized from the available case record
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
ApplicantAssociation of Mineworkers and Construction Union
RespondentIndividual Respondents
Respondent03
Procedural history
Posture
Urgent Application / Confirmation of Interim Interdict
04
Questions and positions
Legal issues
- 01
Whether the refusal by the applicant's drivers to assist Pick n Pay staff with offloading goods constitutes unprotected strike action.
- 02
Whether the interim rule issued previously should be confirmed.
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
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
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