LAC CONFIRMS THAT UNIONS DO NOT HAVE TO BALLOT BEFORE A STRIKE!
15 June 2020
The National Union of Metalworkers of South Africa (NUMSA) welcomes the decision of the Labour Appeal Court which found in favor of the union on the issue of compulsory balloting before a strike. The appeal court found that NUMSA is not required to hold a secret ballot before engaging in protected strike action.
The appeal court overturned two incorrect judgments by Judge Gush of the Labour Court in KwaZulu-Natal where the Judge wrongly interdicted two strikes involving the union, in March 2019. The application to interdict the strikes were brought by two companies, Foskor and Mahle Behr in KwaZulu-Natal. The strikes started a week apart in both companies, and it just so happened that in both cases they centered on the question of compulsory balloting before a strike. It was the first test case of the amendments to the Labour Relations Act, forcing unions to ballot workers before a strike. When the matter was heard at the Labour court Judge Gush granted the interdicts to both companies on the basis that we had not balloted before the strike. However, that decision has now been overturned by the LAC. The judgement found that he misunderstood the LRA Amendments of 2018 and unjustifiably limited our right to strike.
The Labour Appeal Court (LAC) found that a secret ballot was not required because the registrar had not consulted with NUMSA and had not issued any directive to it to amend its constitution to provide for a secret ballot. This is a significant victory for NUMSA and the working class. It basically means that until the Registrar complies with the terms of section 19 of the LRA, members of the South African working class may embark on strike action without being forced to ballot first.
This was not the only victory. Subsequent to the strike action at both these companies, we made significant gains for our members at both companies in the following ways: