Vodacom (Pty) Ltd v Communication Workers Union and Others (J1476/07) [2007] ZALC 178; (2007) 28 ILJ 2846 (LC) (20 July 2007)

Vodacom (Pty) Ltd v Communication Workers Union and Others (J1476/07) [2007] ZALC 178; (2007) 28 ILJ 2846 (LC) (20 July 2007)

The court found that Vodacom had established on the papers that the strikers breached the CCMA-imposed picketing rules by obstructing access and egress, intimidating employees, and refusing to comply with lawful instructions. The respondents' denials were found to be bold and unsubstantiated, failing to raise a genuine dispute of fact. The court applied the principles from Room Hire, Plascon-Evans, and Da Mata, holding that a bare denial is insufficient in motion proceedings and that final relief may be granted where the respondent's version is not credible or does not raise a real dispute. The court considered the evidence, including affidavits and correspondence, and concluded that...

Citation
[2007] ZALC 178
Parties
Applicant: Vodacom (Pty) Ltd; Respondent: Communication Workers Union; Respondent: Individual Respondents referred to in Annexure 'A'
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
20 July 2007
Case Number
J1476/07
Procedural Posture
Urgent Application / Return Date of Interim Interdict; Final Order Sought
Outcome
Final interdict granted; respondents restrained from entering or being near Vodacom's premises, from interfering with access, and from intimidating employees; costs awarded against respondents.
Judges
AC Basson
Legal Topics
Strike Action, Picketing Rules, Interdict, Organisational Rights, Costs Order
Labour Law Civil Procedure Strike Action Picketing Rules Interdict Organisational Rights Costs Order

Case Brief

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Parties

Vodacom (Pty) Ltd

Applicant

Communication Workers Union

Respondent

Individual Respondents referred to in Annexure 'A'

Respondent

Procedural Posture

Urgent Application / Return Date of Interim Interdict; Final Order Sought

Legal Issues

  1. 1 Whether the conduct of the strikers breached the CCMA-imposed picketing rules.
  2. 2 Whether the respondents' denials of unlawful conduct raise a genuine dispute of fact.
  3. 3 Whether Vodacom is entitled to a final interdict restraining the respondents from certain conduct at its premises.

Ratio Decidendi

The court found that Vodacom had established on the papers that the strikers breached the CCMA-imposed picketing rules by obstructing access and egress, intimidating employees, and refusing to comply with lawful instructions. The respondents' denials were found to be bold and unsubstantiated, failing to raise a genuine dispute of fact. The court applied the principles from Room Hire, Plascon-Evans, and Da Mata, holding that a bare denial is insufficient in motion proceedings and that final relief may be granted where the respondent's version is not credible or does not raise a real dispute. The court considered the evidence, including affidavits and correspondence, and concluded that...

Court Disposition

Final interdict granted; respondents restrained from entering or being near Vodacom's premises, from interfering with access, and from intimidating employees; costs awarded against respondents.

Orders

  • The second and further respondents are interdicted and restrained from entering or being upon the applicant’s premises located at 082 Vodacom Boulevard, Voda Valley, Midrand.
  • The second and further respondents are interdicted and restrained from in any way interfering with or obstructing access to and egress from the applicant’s premises.