Unitrans Supply Chain Solutions (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J651/17) [2017] ZALCJHB 471 (19 December 2017)

40 Reportability

Brief Summary

Labour Law — Unprotected strike action — Refusal of drivers to assist in offloading goods at Pick n Pay stores — Conduct constituting unprotected strike action. The applicant, Unitrans Supply Chain Solutions (Pty) Ltd, sought confirmation of a rule regarding the refusal of its drivers to assist Pick n Pay staff with offloading duties, which was deemed unprotected strike action. The Labour Court confirmed the rule, finding that the drivers' refusal constituted unprotected strike action. No order was made as to costs.

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[2017] ZALCJHB 471
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Unitrans Supply Chain Solutions (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J651/17) [2017] ZALCJHB 471 (19 December 2017)

Not
reportable
THE LABOUR COURT OF
SOUTH AFRICA,
HELD AT JOHANNESBURG
Case
no: J 651/17
In
the matter between:
UNITRANS SUPPLY
CHAIN SOLUTIONS (PTY) LTD
First
Applicant
and
ASSOCIATION OF
MINEWORKERS AND
CONSTRUCTION UNION
First
Respondent
INDIVIDUAL
RESPONDENTS
Second to
Further
Respondents
Heard
:
3 November 2017
Delivered
:
19 December 2017
Summary:
(Strike interdict – confirmation of the rule)
JUDGMENT
LAGRANGE
J
[1]
Having considered the matter and having heard both parties’
representatives, the refusal of the applicant’s drivers

performing delivery duties for Pick n Pay to assist Pick n Pay staff
with the offloading of goods at Pick n Pay stores constitutes

unprotected strike action.
[2]
Full reasons for this finding will be filed in January 2018.
Order
[1]
The rule issued 22 March 2017 by consent and extended on 11 May 2017
and 3 November 2017
is confirmed.
[2]
No order is made as to costs.
_______________________
Lagrange
J
Judge
of the Labour Court of South Africa