Imperial Cargo Solutions v SATAWU and Others (JA63/2016)
Imperial Cargo Solutions v SATAWU and Others (JA63/2016) [2017] ZALAC 47; (2017) 38 ILJ 2479 (LAC); [2017] 12 BLLR 1189 (LAC) (1 August 2017)
The Labour Appeal Court held that the obligation for employees to perform ancillary duties was created exclusively by the collective agreement, which was lawfully cancelled by the respondents. There was no evidence of any written or verbal contract of employment requiring drivers to perform ancillary duties as part of their normal functions. Upon cancellation of the collective agreement, both the obligation to perform ancillary duties and the employer's obligation to pay the guard fee fell away. The court distinguished the facts from the SAMWU case, finding no basis for incorporation of the c…
Source excerpt
- Collective Agreements
- Contractual Obligations
- Strike Action
- Ancillary Duties
- Termination Of Agreement