Vodacom (Pty) Ltd and Another v Communication Workers Union and Others (J507/2007) [2007] ZALC 106 (28 May 2007)

Vodacom (Pty) Ltd and Another v Communication Workers Union and Others (J507/2007) [2007] ZALC 106 (28 May 2007)

The court held that the union and its members had complied with all statutory prerequisites for a protected strike under section 64(1) of the Labour Relations Act, including referral to conciliation, the issue of a certificate of outcome, and proper notice to the employer. The employer was aware of the certificate but failed to challenge its validity timeously or at all. The certificate, even if irregular, remained valid and effective until set aside by a court on review. The principle of collateral challenge did not assist the employer, as the proceedings were not against a public authority. Public policy and legal certainty required that the certificate be given full legal effect....

Citation
[2007] ZALC 106
Parties
Applicant: Vodacom (Pty) Ltd; Applicant: Vodacom Service Provider; Respondent: Communication Workers Union; Respondent: The Individual Respondents referred to in Annexure A
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 May 2007
Case Number
J507/2007
Procedural Posture
Urgent Application / Return Day of Rule Nisi; Final Interdict Sought
Outcome
Application dismissed; rule nisi discharged; costs awarded against applicants.
Judges
M.H. Rampai
Legal Topics
Organisational Rights, Conciliation Certificate, Right to Strike, Unlawful Strike, Interdict, Administrative Law Review
Labour Law Civil Procedure Organisational Rights Conciliation Certificate Right to Strike Unlawful Strike Interdict Administrative Law Review

Case Brief

Summary, issues, holding and outcome

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Parties

Vodacom (Pty) Ltd

Applicant

Vodacom Service Provider

Applicant

Communication Workers Union

Respondent

The Individual Respondents referred to in Annexure A

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi; Final Interdict Sought

Legal Issues

  1. 1 Whether the contemplated industrial strike action by the union and employees is unlawful and should be interdicted.
  2. 2 Whether the conciliation certificate issued under section 135(5) or section 64(1)(a) of the Labour Relations Act was valid and could be challenged collaterally.
  3. 3 Whether the employer was entitled to ignore the certificate and seek an interdict without first reviewing it.

Ratio Decidendi

The court held that the union and its members had complied with all statutory prerequisites for a protected strike under section 64(1) of the Labour Relations Act, including referral to conciliation, the issue of a certificate of outcome, and proper notice to the employer. The employer was aware of the certificate but failed to challenge its validity timeously or at all. The certificate, even if irregular, remained valid and effective until set aside by a court on review. The principle of collateral challenge did not assist the employer, as the proceedings were not against a public authority. Public policy and legal certainty required that the certificate be given full legal effect....

Court Disposition

Application dismissed; rule nisi discharged; costs awarded against applicants.

Orders

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