Vodacom (Pty) Ltd v Communication Workers Union and Others (J1476/07) [2007] ZALCJHB 77 (20 July 2007)

Vodacom (Pty) Ltd v Communication Workers Union and Others (J1476/07) [2007] ZALCJHB 77 (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 engaging in unlawful conduct. The respondents' denials were bold and unsubstantiated, failing to create a genuine dispute of fact. The court applied the principles from Room Hire, Plascon-Evans, and Da Mata, holding that bare denials do not suffice to defeat final relief in motion proceedings. The perimeter restriction sought by Vodacom was reduced from 500 meters to 200 meters as a reasonable measure. The respondents' conduct and the union's non-responsiveness justified a costs order against them.

Citation
[2007] ZALCJHB 77
Parties
Applicant: Vodacom (Pty) Ltd; Respondent: Communication Workers Union; Respondent: The Individual Respondents referred to in Annexure “A”
Court
Labour Court Johannesburg
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 against the second and further respondents; costs awarded against respondents jointly and severally.
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

The 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 constituted unlawful and unprotected action in breach of picketing rules.
  2. 2 Whether the respondents' denials created a genuine dispute of fact precluding final relief on motion.
  3. 3 Whether the perimeter restriction sought by Vodacom was reasonable.

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 engaging in unlawful conduct. The respondents' denials were bold and unsubstantiated, failing to create a genuine dispute of fact. The court applied the principles from Room Hire, Plascon-Evans, and Da Mata, holding that bare denials do not suffice to defeat final relief in motion proceedings. The perimeter restriction sought by Vodacom was reduced from 500 meters to 200 meters as a reasonable measure. The respondents' conduct and the union's non-responsiveness justified a costs order against them.

Court Disposition

Final interdict granted against the second and further respondents; costs awarded against respondents jointly and severally.

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.