CCT14/02

[2002] ZACC 30

2003 (2) BCLR 182 (CC)

2003 (3) SA 513 (CC)

[2003] 2 BLLR 103 (CC)

O'Regan J

19 September 2002

13 December 2002

http://hdl.handle.net/20.500.12144/2159

Application to Constitutional Court for leave to appeal against a decision of the Labour Appeal Court: Bader Bop (Pty) Ltd v NUMSA and Others 2002 (2) BLLR 139 (LAC) ; 2002 (23) ILJ 104 (LAC).

A decision by O'Regan J for a unanimous court. Sections 12-15 of the Labour Relations Act, which regulate labour organisational rights, and which confer certain organisational rights on majority unions, should not be interpreted so as to preclude minority unions from striking to acquire such rights, where the right to strike is constitutionally protected and there is no express limitation of the right to strike in the Act. Separate concurring judgment by Ngcobo J.