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NEHAWU obo Mpahle and Others v Department Of Health (Free State) (JS437/2007) [2014] ZALCJHB 221 (23 June 2014)
Labour Court upheld the dismissal of NEHAWU shop stewards for participating in an unprotected strike in an essential service and inciting others.
Minister of Correctional Services v Police and Prison Civil Rights Union (POPCRU) (J1152/09) [2009] ZALC 227 (4 August 2009)
The court found that the applicant, as an essential service, was exempt from the notice requirements under section 68(2) of the Labour Relations Act. The ex parte procedure was permissible for interim relief, as the respondent had the opportunity to anticipate the return date and respond. However, the evidence did not support the existence of an unprotected strike, as the picketing occurred only during lunch hours and did not obstruct work. The respondent's conduct was peaceful, and there was no credible evidence of misconduct at centres other than Boksburg. The photographic evidence introduc…
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Minister of Correctional Services v Police And Prison Civil Union (POPCRU) (J1152/09) [2009] ZALCJHB 98 (4 August 2009)
The court found that the applicant, as an essential service, was not required to comply with the notice period under section 68(2) of the Labour Relations Act. However, the interim interdict was overly broad, as evidence only supported misconduct at specific centres and not across all respondent members. The demonstrations were limited to lunch hours and did not constitute a strike as defined by the Act. The respondent's conduct was lawful and peaceful, and the applicant failed to provide sufficient admissible evidence to justify the orders sought. New evidence introduced in the replying affi…
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