Work In Solutions

Ford Motor Company of SA (Pty) Ltd v NUMSA & others

Labour Court: Johannesburg 16 October 2007

The employer, with production deadlines to meet, scheduled overtime for their employees. There was an issue regarding the working of overtime on a particular Saturday and the union informed management to cease the scheduling of “excessive overtime” as it had a negative effect on the members. If the Employer didn’t comply the union would declare a dispute. The union contended that there was no contractual obligation to work overtime and could not be compelled to work overtime.

Summary of judgment: It was held that the Employer had made out a proper case for arguing that the union had unequivocally expressed a demand that the company should cease to schedule “excessive overtime”. The court held further that the union had therefore also expressed an unequivocal intention to embark on an overtime ban, which therefore constituted unprotected strike action. The court held that the Employer would suffer irreparable damage if the unprotected industrial action was not interdicted and that the Employer had no other suitable remedy available. The Rule Nisi was therefore confirmed with costs to follow the suit. The interdict was granted as applied for.