Article 64/2021

Labour Edge

In terms of s64(1)(c) of the LRA, at least 48 hours’ notice of the commencement of the lockout has to be given, in writing, to the trade union that is a party to the dispute or, if there is no such trade union, the employees, unless the dispute relates to a collective agreement to be concluded in a council, in which case notice must be given to that council.  What is the latest viewpoint of the labour court as to the requirements of a lockout notice, formulated in the National Association of SA Workers obo Members v Kings Hire CC (2019) 30 SALLR 55 (LC)?


In Kings Hire, the labour court adopted the following approach to such issue:

  1. as to the requirements of the notice itself, the only express requirement in s64(1)(c) itself is 48 hours’ prior notice to the trade and/or the employees concerned;
  2. in SA Transport and Allied Workers Union and Others v Moloto NO and Another (2012) 33 ILJ 2549 (CC), at paragraph [86], it was held that the only certainty required to be reflected in a strike notice is when the strike will start; and
  3. in the labour court’s view, this equally applied to a lockout notice. There is, however, the proviso that if there is a trade union, the lock out notice only has to be given to the trade union and not to the employees.

The purpose of this article is to highlight some of the principles underlying the legal position that the admission of trade union members outside such trade union’s scope is ultra vires and invalid.

How did the labour court, in Simunye Workers Forum v Registrar of Labour Relations, per Van Niekerk J, in terms of s111(3) of the LRA, on appeal, deal with the decision of the registrar refusing the application of the aforesaid trade union?

How do procedural fairness requirements relating to dismissals based upon misconduct (as well as incapacity), contained in the 1995 LRA, differ from the environment that preceded this Act?