3M SA (Pty) Ltd v South Africa Commercial Catering and Allied Workers Union (JA22/00)
3M SA (Pty) Ltd v South Africa Commercial Catering and Allied Workers Union (JA22/00) [2001] ZALAC 2; [2001] 5 BLLR 483 (LAC); (2001) 22 ILJ 1092 (LAC) (15 February 2001)
The Labour Appeal Court held that the employer was not obliged to pay wages for the period 23 January to 5 February 1997 because the employees only tendered partial services during a protected strike, and the exceptio non adimpleti contractus applied. The Court rejected the respondents' reliance on general fairness and constitutional principles, finding that the Labour Relations Act did not require payment for partial performance during a protected strike. For the period 6 to 14 February 1997, the Court found that the employees had tendered full services and the employer's exclusion of them f…
Source excerpt
- Protected Strike
- Lockout
- Exceptio Non Adimpleti Contractus
- Remuneration For Strike Period
- Unprotected Lockout
- Fair Labour Practices