South Africa Case Law

Road Accident Fund v South African Transport And Allied Workers Union (SATAWU) obo Members and Others (J750/10)

Road Accident Fund v South African Transport And Allied Workers Union (SATAWU) obo Members and Others (J750/10) [2010] ZALCJHB 334 (13 April 2010)

Court

Labour Court Johannesburg

Case number

J750/10

Judge

Molahlehi

The court found that the requirements of section 64(1)(a) of the Labour Relations Act were satisfied, as the dispute was properly referred to the CCMA and either a certificate of outcome was issued or the statutory period had elapsed. The appointment of the conciliating commissioner was not irregular, as any duly appointed commissioner may perform the function. The dispute was suspended, not withdrawn, and was validly resuscitated by the respondent. The demands in the strike notice were consistent with those in the original referral, focusing on the protection of employment conditions. The ap…

Source excerpt

• Strike Action
• Conciliation Procedure
• Certificate Of Outcome
• Mutual Interest Dispute
• Section 64 Lra
• Section 135 Lra

Road Accident Fund v South African Transport and Allied Workers Union (SATAWU) obo Members and Others (J750/10)

Road Accident Fund v South African Transport and Allied Workers Union (SATAWU) obo Members and Others (J750/10) [2010] ZALC 54; (2010) 31 ILJ 2168 (LC) (13 April 2010)

Court

Labour Court

Case number

J750/10

Judge

Molahlehi

Labour Court refused an interim interdict against a planned strike, finding the CCMA referral and conciliation process sufficient and the strike notice consistent with the dispute.

• Right To Strike
• Conciliation Procedure
• Certificate Of Outcome
• Section 64 Lra
• Section 135 Lra
• Right-to-strike