Transport and Allied Workers Union of South Africa obo Ngedle and Others v Unitrans Fuel and Chemical (Pty) Limited

Case Number:
CCT131/15
Citations:
[2016] ZACC 28
Citations:
2016 (11) BCLR 1440 (CC)
Citations:
[2016] 11 BLLR 1059 (CC)
Citations:
(2016) 37 ILJ 2485 (CC)
Judge:
Mhlantla J: [1] to [74]
Judge:
Zondo J: [75] to [199]
Judge:
Jafta J: [200] to [258]
Judgment Date:
1 September 2016
Synopsis:
Labour Relations Act, 1995 – dismissal – strike action – fairness – principles in Afrox Ltd v SA Chemical Workers Union and Others (1) – reinstatement – strike protected throughout – strike may cease to be protected – automatically unfair – meaning of workers solidarity principle – no strike if no obligation to work – appeal from Labour Appeal Court – retrospective reinstatement – plus costs
Judgment:
Full judgment

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