South Africa Case Law

South African Transport & Allied Workers Union v Servest Security (Pty) Ltd - A Division of Servest Group and Another (J 806/21)

South African Transport & Allied Workers Union v Servest Security (Pty) Ltd - A Division of Servest Group and Another (J 806/21) [2021] ZALCJHB 235; [2021] 12 BLLR 1252 (LC); (2022) 43 ILJ 426 (LC) (17 August 2021)

Court

Labour Court Johannesburg

Case number

J 806/21

Judge

Tlhotlhalemaje

The court found that SATAWU had established a prima facie right to urgent interim relief. Servest's undertakings to cease deductions for employees who had validly resigned from KAWU were reasonable and aligned with section 13 of the LRA. The court held that Servest could not make double deductions unless employees had not complied with the statutory resignation process. The threat of dismissal under the closed shop agreement was found to be unjustified, as section 26(7) of the LRA protects employees from dismissal for refusing to join the union at the time the agreement takes effect. The bala…

Source excerpt

• Closed Shop Agreement
• Union Security Arrangements
• Urgent Interdict
• Agency Fee
• Freedom Of Association