South Africa Case Law

Stuttafords Department Stores Ltd v Southern African Clothing and Textile Workers Union (CA2/00)

Stuttafords Department Stores Ltd v Southern African Clothing and Textile Workers Union (CA2/00) [2000] ZALAC 22; [2001] 1 BLLR 46 (LAC); (2001) 22 ILJ 414 (LAC) (2 November 2000)

Court

Labour Appeal Court

Case number

CA 2/00

Judges

RMM Zondo, MTR Mogoeng, J Traverso

The Labour Appeal Court held that compensation cannot be awarded for loss attributable to a protected lock-out, and set aside the order except for the Musgrave Store.

• Protected Lock Out
• Replacement Labour
• Compensation For Loss
• Jurisdiction Of Labour Court
• Interpretation Of Lra
• Collective Bargaining

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)

Court

Labour Court

Case number

J3202/98

Judge

A A Landman

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