Vodacom (Pty) Ltd and Another v Communication Workers Union and Others (J507/2007) [2007] ZALCJHB 59 (28 May 2007)

Vodacom (Pty) Ltd and Another v Communication Workers Union and Others (J507/2007) [2007] ZALCJHB 59 (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 the issuance of a conciliation certificate and proper notice to the employer. The applicants did not challenge the validity of the certificate by way of review, nor did they take any steps to set it aside. The principle of legal certainty and public policy requires that administrative acts, such as the conciliation certificate, be given legal effect unless set aside by a court. The applicants' passive stance and failure to act timeously precluded them from ignoring the certificate or seeking to prohibit the strike....

Citation
[2007] ZALCJHB 59
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 Johannesburg
Jurisdiction
South Africa
Judgment Date
28 May 2007
Case Number
J507/2007
Procedural Posture
Urgent Application / Return Day of Rule Nisi; Application for Final Interdict
Outcome
Application dismissed; rule nisi discharged; costs awarded against applicants.
Judges
Rampai
Legal Topics
Right to Strike, Conciliation Certificate, Organisational Rights, Interdict, Collective Bargaining
Labour Law Civil Procedure Right to Strike Conciliation Certificate Organisational Rights Interdict Collective Bargaining

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; Application for Final Interdict

Legal Issues

  1. 1 Whether the contemplated industrial strike action by the union and employees was lawful and protected under the Labour Relations Act.
  2. 2 Whether the conciliation certificate issued in terms of section 135(5) or section 64(1)(a) of the Labour Relations Act could be ignored or challenged collaterally.
  3. 3 Whether the applicants were entitled to a final interdict prohibiting the strike action.

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 the issuance of a conciliation certificate and proper notice to the employer. The applicants did not challenge the validity of the certificate by way of review, nor did they take any steps to set it aside. The principle of legal certainty and public policy requires that administrative acts, such as the conciliation certificate, be given legal effect unless set aside by a court. The applicants' passive stance and failure to act timeously precluded them from ignoring the certificate or seeking to prohibit the strike....

Court Disposition

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

Orders

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