National Union of Metal Workers of South Africa and Others v Gearmax (Pty) Ltd (497/89)
National Union of Metal Workers of South Africa and Others v Gearmax (Pty) Ltd (497/89) [1991] ZASCA 26; 1991 (3) SA 20 (AD); (1991) 12 ILJ 778 (A) (26 March 1991)
The court held that the refusal by employees contractually bound to work overtime constituted an unlawful strike under section 65 of the Labour Relations Act. The union, through its senior official Harris, incited the continuation of the unlawful strike by repeatedly assuring members of its lawfulness and refusing to intervene, thereby reaching and influencing the minds of the employees. The union's protestations of non-involvement were rejected as hollow, and its actions were found to amount to incitement within the meaning of the Act. The appeal was dismissed, and the union was ordered to p…
Source excerpt
- Unlawful Strike
- Instigation And Incitement
- Contractual Obligation To Work Overtime
- Interdict
- Costs Award