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Article 61/2021

Labour Edge

What is the purpose of a lockout?

In Transport and Allied Workers Union of SA v Putco Ltd (2016) 37 ILJ 1091 (CC), at paragraph [32], it was held as follows in this regard:

‘The purpose of a lockout in terms of s213 is to compel employees whose trade union is party to certain negotiations to accede to an employer’s demand. Its object is to end a stalemate reached as a result of an impasse in negotiations between employer and employee in respect of matters of ‘mutual interest’. A resolution of a dispute can be reached only between adversaries. As a matter of logic, then, there must be a dispute between an employer and employees or their trade union before a lockout is instituted. Accordingly, any exclusion of employees from an employer’s workplace that is not preceded by a demand in respect of a disputed matter of mutual interest does not qualify as a lock­out in terms of s213 of the LRA.’

August 17, 2026

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?

August 10, 2026

What is the content of traditional consensus to indicate that an agreement exists between an employer and an employee?

If, on the traditional theory of consensus, a party fails to prove an agreement upon which it relies, with reference to Sonap Petroleum SA (Pty) Ltd v Pappadogianis 1992 (3) SA 234 (A), on what basis can a finding be made that quasi-mutual assent exists, founded on the approach that a party is precluded from denying the existence of an agreement based on their own conduct and the circumstances?

What does the three-fold enquiry entail to determine the presence of quasi-mutual assent?

In determining whether an agreement has been reached in the absence of traditional consensus, but on the basis of quasi-mutual assent, what is the extent of the duty on the party wishing to rely on such an agreement to, on the basis of reasonableness, enquire as to the contradictions that exist in the position of the other party so contained in correspondence?

August 3, 2026

Where do delictual claims fit into dispute resolution options applicable to employment disputes?