Article 56/2021

Labour Edge

When a secondary employer seeks an interdict prohibiting a secondary strike, what is the nature of the onus on the secondary employer?

In Samancor Ltd and Another v National Union of Metalworkers of SA (1999) 20 ILJ 2941 (LC), [1999] 11 BLLR 1202 (LC), the court held that:

‘[5]     If an interdict is sought, the onus rests on the secondary employer, even on the return day, to prove that the interdict should be granted. The employer must show that the conditions for embarking on a secondary strike have not been met. The employer would therefore also have to show that, as in this case, the secondary strike is unreasonable or not proportional.

[6]      The union would have to rebut any prima facie case that the employer may make out and may have to justify its decision to have embarked on the secondary strike.

November 25, 2024

What are the principles governing the vicarious liability of an employer for acts committed by an employee in breach of the EEA, in terms of s60 of the EEA?

November 25, 2024

The scenario is as follows: only employees working at a bakery and not employees working at a mill were party to the disputes when referred to conciliation.  At arbitration, the union wanted to join the employees working at the mill.

Is such joinder permissible?

November 25, 2024

What is the test for unfair discrimination formulated in Harksen v Lane and consistently applied subsequently by the various courts, including, recently, Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v FAWU (2022) 33 SALLR 277 (LC); (2022) 43 ILJ 1584 (LC)?