Unitrans Passenger (Pty) Ltd t/a Greyhound Couchlines v NUMSA and Others (D1025/17)
Unitrans Passenger (Pty) Ltd t/a Greyhound Couchlines v NUMSA and Others (D1025/17) [2017] ZALCD 18 (21 August 2017)
The court found that the changes implemented by the applicant, specifically the extension of the route and removal of the rest period in Bloemfontein, resulted in a spread-over exceeding the 14-hour limit prescribed by the Industry Main Agreement. This constitutes a compliance issue with the Main Agreement, not a unilateral change to terms and conditions of employment. The drivers' contractual obligations remain unchanged, as they are still required to work up to 45 hours per week. The union has followed the pre-strike procedures set out in section 64(1) of the LRA and the collective agreemen…
Source excerpt
- Unilateral Change To Terms
- Protected Strike
- Collective Agreement Procedure
- Spread Over Hours
- Main Agreement Compliance