• Wealth and poverty

    True riches would be to create a safe and satisfied community for all South Africans.

  • SABC shenanigans

    SA has already embarked on a slippery slope to autocracy, warns Terry Bell in Inside Labour.

  • Zim tastes people power

    Protests in Zimbabwe are forcing Mugabe to face anti-government sentiment, says Memory Mataranyika.

All data is delayed
Loading...
See More

Cosatu mulls challenge to strike ruling

Sep 28 2011 17:27
Sapa
Bloemfontein - Trade union federation Cosatu is studying the implications of a court ruling that trade unions can be held liable for damages caused during strikes, it said on Wednesday.

Cosatu said it would challenge any ruling seeking to place the liability for the violent actions of a few individuals on the shoulders of trade unions.

"Should this be the implication contained in the judgment, the federation would have no other choice but to take this matter up with the Constitutional Court," it said.

On Tuesday, the Supreme Court of Appeal (SCA) dismissed an appeal by the SA Transport and Allied Workers' Union in relation to protests in May 2006.

The judgment upheld a decision by the Western Cape High Court, in which eight people claimed damages from the union.

The group included traders whose stalls were looted and smashed and motorists whose vehicles were wrecked.

The unanimous SCA judgment accepted that assemblies, pickets, marches and demonstrations were essential instruments of dialogue in society.

However, it held that the struggle for workers' rights should take place within legal limits and with due regard for the rights of others.

"We should not now be subjected to the tyranny of the mob," the court held.

Democratic Alliance labour spokesperson Ian Ollis said the court's ruling had vindicated the DA's private member's bill on the same subject.

Ollis said the latest development was "incredibly important" as it suggested that the Gatherings Act could already be used to hold unions liable for strike violence.

He welcomed the finding that unions should be held liable for damages during strike actions.
trade unions  |  cosatu  |  strike  |  sca

NEXT ON FIN24X

 
 
 

Read Fin24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
7 comments
Comments have been closed for this article.
 

Company Snapshot

We're talking about:

THE SAVINGS ISSUE

Saving can make a lot of things possible, but we all know how hard it is to save. This special Savings Issue will help you get focused.
 

Money Clinic

Money Clinic
Do you have a question about your finances? We'll get an expert opinion.
Click here...

Voting Booth

Sarb's decision to keep the repo rate unchanged is:

Previous results · Suggest a vote

Loading...