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.

To what extent is the practice manual of the labour court binding on all parties and the labour court?

The institution of review proceedings does not suspend the operation of an arbitration award unless security is furnished to the satisfaction of the court in terms of s145(8) of the LRA.  On what basis did the labour appeal court recently resolve the conflict between various labour court judgments interpreting the stay of enforcement of arbitration awards pending review proceedings?

What are the requirements to be met for s158(1)(c) of the LRA to be applicable (dealing with the jurisdiction of the labour court) to make an arbitration award or settlement agreement an order of court?