Transnet SOC Limited v National Transport Movement and Others (J2301/13)
Transnet SOC Limited v National Transport Movement and Others (J2301/13) [2013] ZALCJHB 272; [2014] 1 BLLR 98 (LC); (2014) 35 ILJ 1418 (LC) (21 October 2013)
The court held that the collective agreement between Transnet and other unions, which sets a 30% threshold for recognition, does not bind the first respondent, as it is not a party to the agreement and there is no evidence that the agreement was extended to non-party unions under section 23(1)(d) of the LRA. Section 65 of the LRA only prohibits strikes by parties bound by a collective agreement regulating the issue in dispute. The first respondent and its members are not so bound and are therefore entitled to strike for organisational rights. Section 18 of the LRA does not preclude minority u…
Source excerpt
- Organisational Rights
- Collective Agreement Thresholds
- Right To Strike
- Minority Union Rights
- Interpretation Of Lra
- Costs In Labour Disputes