Tawusa v Unitrans Fuel And Chemical (Pty) Ltd (JA44/2013) [2015] ZALAC 24; (2015) 36 ILJ 2822 (LAC) (24 June 2015) per Davis JA [Ndlovu and Landman JJA concurring]
The Labour Appeal Court disallowed the appeal and upheld the order of the Labour Court. Employees embarked on a strike in support of certain demands that were the subject of an appeal judgment. The judgment held that wage discrepancies among employees fell outside the bargaining council’s jurisdiction and that employees were entitled to strike. The employer argued that the employees’ interpretation of the judgment to extend wage discrepancies to all employees misinterpreted the judgment. The employees’ demands affecting wages and costs of employer and are subject to collective bargaining. The employees’ demand fell within the issues negotiated at the bargaining council and were excluded from the right to strike over them.
Reported [2015] 11 BLLR 1151; (2015) 36 ILJ 2822 (LAC) with BLLR headnote:
Practice and procedure – Appeal – Late filing of record – Union filing appeal record a year late and failing to explain delay – Late filing not condoned.
Reported (2015) 36 ILJ 2822 (LAC)
The ConCourt is due to hear the appeal on 23 February 2016 (Tuesday)
Transport and Allied Workers Union of South Africa obo Ngedle and 93 Others v Unitrans Fuel and Chemicals (Pty) Limited CCT 131/15
See also: [2011] 2 BLLR 153; (2010) 31 ILJ 2854 (LAC)
and pages 319, 327 and 520 of Labour Relations Law: A Comprehensive Guide (6th ed, 2015)
Dismissal of protected strikers: Automatically unfair
By a majority of six to five the Constitutional Court allowed the appeal and overturned the LAC decision. Retrospective reinstatement to 2 November 2010 was ordered. The matter was very complex and the media summary below explains the issues and decisions.
Tawusa obo Ngendle and 93 others v Unitrans Fuel and Chemical (Pty) Ltd Limited (CCT131/15) [2016] ZACC 28 (1 September 2016)