Equity Aviation v. Satawu (478/09) [2011] Zasca 232 (30 November 2011): The Issue of Separate Strike Notices Where Employees are Not Members of a Trade Union

Abstract

The question whether employees who are not members of a trade union may strike “lawfully” where they have not given (separate) notice to strike to their employer in terms of section 64(1)(b) of the Labour Relations Act 66 of 1995 (the LRA) was considered by the Supreme Court of Appeal. The court held a different view from the majority of the Labour Appeal Court. Since the preferred interpretation of section 64(1)(b) has been described by some as resulting in a prima facie limitation of the right to strike the judgment merits discussion (the judgment has also been referred to the Constitutional Court).

After this case commentary was published the case was eventually heard by the Constitutional Court (South African Transport and Allied Workers Union (SATAWU) and Others v Moloto NO and Another 2012 (11) BCLR 1177 (CC); [2012] 12 BLLR 1193 (CC); (2012) 33 ILJ 2549 (CC) (21 September 2012)).

Keywords: strike law, labour law, strike notices, constitutional right to strike, non-members, trade unions