Sun International Ltd and Others v South African Commercial Catering and Allied Workers Union (SACCAWU) and Others (J1408/18)
Sun International Ltd and Others v South African Commercial Catering and Allied Workers Union (SACCAWU) and Others (J1408/18) [2018] ZALCJHB 286 (11 September 2018)
The court found that the true issue in dispute was the extension of the bargaining unit to include certain positions. Upon examining the relevant collective agreements, the court concluded that none of the agreements regulated or prohibited a strike over the extension of the bargaining unit. The applicants' reliance on agreed criteria for the bargaining unit did not amount to regulation of demands for extension. Therefore, the strike action was not prohibited by section 65(1)(a) or section 65(3)(1) of the Labour Relations Act. However, the strike had already ended by the return day, rendering…
Source excerpt
- Collective Agreements
- Limitations On Right To Strike
- Protected Strike Action
- Mootness
- Bargaining Unit Extension