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.’

July 3, 2025

Is it a requirement that each page of an affidavit must be initialled? Is it a requirement that every page of every annexure to an affidavit must be initialled?

June 26, 2025

The first leg of the test to determine whether or not urgency exists, when an urgent application is brought, requires a court to assess whether an urgent hearing is necessary because the applicant will not be able to obtain substantial redress in the normal course.

June 19, 2025

Previous articles this year dealt with a zero-tolerance policy when tested positively for alcohol or drugs, as well as a zero-tolerance policy in respect of having tested positive for cannabis. In short, the courts hold the viewpoint that, by means of such policies, an employer is not permitted to create an absolute ‘no go zone’ and, furthermore, held that, at all given times, one of the fundamental questions to be asked, irrespective of the content of such zero-tolerance policy, is the effect of the drugs/alcohol/cannabis on the ability of the employee to do his/her job.