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[2013] ZALCJHB 138
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General Industries Workers Union of South Africa (GIWUSA) and Others v Document Warehouse (Pty) Ltd (J1524/13) [2013] ZALCJHB 138 (15 July 2013)
Not reportable
REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA,
IN PORT ELIZABETH
JUDGMENT
Case
no: J 1524/13
In the matter between:
GENERAL INDUSTRIES WORKERS
UNION OF SOUTH AFRICA (‘GIWUSA’)
First
Applicant
THE PERSONS LISTED IN
ANNEXURE “A”
Second
to Further Applicants
and
THE DOCUMENT WAREHOUSE
(PTY) LTD
Respondent
Heard: 12 July 2013
Delivered: 15 July 2013
Summary:
(urgent application- interim interdict of a lockout –
first lockout unprotected – second lockout protected).
JUDGMENT
LAGRANGE, J
Having heard both parties’ representatives and having
considered the matter, the following order is made:
Order
The lock out imposed by the respondent against the second to further
applicants on 1
st
July 2013 did not comply with Chapter 4
of the
Labour Relations Act, 66 of 1995
The respondent must allow the second to further applicants to return
to work with immediate effect.
The respondent must pay the applicants’ costs.
The order in paragraphs [2] and [3] above shall operate as an
interim order pending the return day on 30 August 2013 when the
respondent is called upon to show good cause why the order should
not be made final.
_______________________
R LAGRANGE, J
Judge of the Labour Court of South
Africa
APPEARANCES
APPLICANT: L Hlatswayo of Phungula Inc.
FIRST RESPONDENT: W Bank instructed by Singhs Attorneys