Ntimane and Others v Agrinet t/a Vetsak (Pty) Ltd (J3202/98)
Ntimane and Others v Agrinet t/a Vetsak (Pty) Ltd (J3202/98) [1998] ZALC 98 (1 November 1998)
The court held that Agrinet's lock-out was a continuation of the original defensive lock-out instituted in response to the protected strike. The withdrawal of the strike by the union did not alter the nature of the lock-out or render it unprotected. Section 76 of the Labour Relations Act allows an employer to employ replacement labour during a lock-out that is in response to a strike, and this right persists until the lock-out ends. The application for a declaration that the lock-out was unprotected and for an interdict against the employment of replacement labour was therefore dismissed.
Source excerpt
- Protected Lock Out
- Replacement Labour
- Collective Bargaining
- Strike Action
- Labour Relations Act
- Defensive Lock Out