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South Africa Case Law

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Labour Law [2023] ZACC 11

National Union of Metalworkers of South Africa v Trenstar (Pty) Ltd (CCT 105/22)

National Union of Metalworkers of South Africa v Trenstar (Pty) Ltd (CCT 105/22) [2023] ZACC 11; (2023) 44 ILJ 1189 (CC); 2023 (7) BCLR 814 (CC); [2023] 7 BLLR 609 (CC); 2023 (4) SA 449 (CC) (18 April 2023)

Court
Constitutional Court
Case number
CCT 105/22
Judges
Maya, Kollapen, Madlanga, Majiedt, Makgoka, Mathopo, Potterill, Rogers, Theron

The Constitutional Court held that section 76(1)(b) of the Labour Relations Act does not permit an employer to use replacement labour during a lock-out once the strike has ended, whether by suspension or termination. The right to use replacement labour is confined to the duration of the strike; when employees tender their services and the strike ceases, the lock-out is no longer 'in response to a strike' and the employer may not use replacement labour. The Court rejected the distinction advanced by Trenstar between a suspended and terminated strike, finding that a strike exists only while the…

Source excerpt

  • Replacement Labour
  • Strike Suspension
  • Lock Out
  • Collective Bargaining
  • Labour Relations Act Interpretation
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Labour Law [2020] ZALCD 18

NUMSA obo Members v Trenstar (Pty) Ltd (D 595-20)

NUMSA obo Members v Trenstar (Pty) Ltd (D 595-20) [2020] ZALCD 18; [2021] 3 BLLR 281 (LC); (2021) 42 (ILJ) 555 (LC) (30 November 2020)

Court
Labour Court Durban
Case number
D 595-20
Judge
Whitcher

The court held that section 76(1)(b) of the Labour Relations Act permits the use of replacement labour during a lockout that is in response to a strike, even if the strike has been suspended and employees have tendered their services. The operative legal precondition for the use of replacement labour is the existence of a lawful lockout in response to a strike, not the ongoing existence of a strike. The suspension of the strike does not disqualify the employer from using replacement labour, as the underlying dispute remains unresolved and the lockout is a direct response to the strike. The co…

Source excerpt

  • Replacement Labour
  • Lockout
  • Strike Suspension
  • Collective Bargaining
  • Interpretation Of Lra
  • Section 76 Lra
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.