Strike compensation awarded: As unprotected

2 Comments

1. 

   GilesFiles on August 6, 2015 at 9:42 am

   Reported with headnote:
   (2015) 36 ILJ 2292; [2015] 9 BLLR 952 (LC)
   Strike – Damages – Union ignoring interdict and failing to take measures to persuade members to resume work – Union and members jointly liable for loss occasioned by strike.

2. 

   GilesFiles on November 2, 2015 at 11:32 am

   PAK le Roux discusses this and other related judgments in the latest October issue of Contemporary Labour Law (2015) 25:3 under the heading Holding unions accountable: When the unlawful conduct of members renders the union liable – some recent cases [subscription required].

   The Court concluded that, although an order to pay compensation would add to the union’s financial woes, it would just be one more additional burden. The union provided no credible evidence to show how an order would affect its collective bargaining capability. The burden could be ameliorated by ordering that the amount be paid over a period of time. There was also the possibility that the union could raise a temporary levy on its members to cover the expenditure.
   As far as the union members were concerned, the amount that they would have to pay would be less than 3 per cent of their remuneration and, considering their actions in failing to follow procedures, their continuation of the strike and the failure to obey the court order, this was not unduly burdensome.