Introducing a Serpent into the Garden of Collective Bargaining: A Case Analysis of Numsa Obo Members v Elements Six Productions (Pty) Ltd [2017] ZALCJHB 35 (7 February 2017)

20 Pages Posted: 15 Jul 2019

See all articles by Night T Rwodzi

Night T Rwodzi

University of Fort Hare

Nombulelo Lubisi

University of Fort Hare

Date Written: April 25, 2019

Abstract

This case note is an analysis of Numsa obo Members v Elements Six Productions (Pty) Ltd [2017] ZALCJHB 35 (7 February 2017). The jurisprudence advanced in this case is pertinent to balancing the employer and employee’s rights in the context of collective bargaining. The worker’s right to strike is one of the rights entrenched in the South African constitution. In addition, this right to strike should not be directly or indirectly undermined without a just cause. The preamble of the South African Constitution seeks to redress the unjust laws of the past including those in the employment arena. Furthermore, unfair discrimination is also one of the prohibited practices which are sanctioned not only domestically but internationally as well in terms of the International Labour Conventions. This note contributes to the existing literature of labour law by critically analysing the decision reached by Tlhotlhalemaje J.

Keywords: rewarding a non striker, collective bargaining, labour relations, Right to strike, unfair, discrimination, employers’ rights, employees’ rights

Suggested Citation

Rwodzi, Night T and Lubisi, Nombulelo, Introducing a Serpent into the Garden of Collective Bargaining: A Case Analysis of Numsa Obo Members v Elements Six Productions (Pty) Ltd [2017] ZALCJHB 35 (7 February 2017) (April 25, 2019). Potchefstroom Electronic Law Journal, Vol. 22, 2019, Available at SSRN: https://ssrn.com/abstract=3419940

Night T Rwodzi

University of Fort Hare ( email )

South Africa

Nombulelo Lubisi (Contact Author)

University of Fort Hare ( email )

South Africa

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