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South Africa Case Law

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Labour Law [2024] ZALCD 31

Auto-X (Pty) Ltd v National Union of Metal Workers of South Africa (D450/2024)

Auto-X (Pty) Ltd v National Union of Metal Workers of South Africa (D450/2024) [2024] ZALCD 31 (11 September 2024)

The court found that the MIBCO Main Agreement does not prohibit strike action in respect of demands that are not regulated by the Agreement itself. The respondents' demands arose from the relocation of the applicant's premises and did not relate to wage or employment conditions governed by the Agreement. The prohibition on two-tier bargaining applies only to issues negotiated centrally, and the respondents' demands were not subject to centralised bargaining. The applicant failed to demonstrate that the respondents' conduct during the picket breached the picketing rules to an extent justifying…

  • Protected Strike
  • Collective Agreement Interpretation
  • Picketing Rules
  • Urgency
  • Two Tier Bargaining
  • Costs Award
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