Commercial Stevedoring Agricultural and Allied Workers’ Union and Others v Oak Valley Estates (Pty) Ltd and Another

A protected strike called by the Commercial Stevedoring Agricultural and Allied Workers’ Union (CSAAWU) commenced at Oak Valley Estates’ farm in May 2019. The strike was triggered by disputes about allegedly racially discriminatory housing allocation and the status of so-called seasonal workers. During the strike, incidents of intimidation, damage to property and breaches of CCMA picketing rules occurred. Oak Valley and its labour broker sought urgent interdictory relief in the Labour Court against the union, all striking workers, and unidentified persons, without linking specific workers to the unlawful conduct. A final interdict was granted against the remaining striking workers. The Labour Appeal Court upheld the interdict, holding that it was unnecessary to establish a factual link between each interdicted worker and the unlawful acts. CSAAWU and the workers appealed to the Constitutional Court.

Leave to appeal was granted. The appeal was upheld in part. Paragraphs 2.1 and 2.3 of the Labour Appeal Court’s order were set aside in respect of all applicants except the 23rd applicant. No order as to costs was made.

This case is significant for clarifying that employers seeking interdicts during strikes must establish a rational factual connection between each interdicted worker and unlawful conduct. It strengthens protections for the constitutional right to strike and protest, curbs overbroad interdicts in labour disputes, and reaffirms the rule of law in interdictory relief.