CASE UPDATE

In this matter the company’s employees started a lawful protected strike.  Some Employees did not strike and continued working.  The company paid the non-striking employees a daily allowance, free food and allowed them to work extra overtime.

The union approached the Labour Court contending that the company was discriminating against the striking workers by paying the allowance, the free food and permitting extra overtime.

The Court ruled that the Union was correct and issued a judgment prohibiting the Company from doing so.

There are serious implications for employers who have to manage a protected strike and who want to reward these employees who remain at work.

“National Union of Mineworkers v Namakwa Sands – a division of Anglo Operations Limited (2008) 29 ILJ 698 (LC)”