Vodacom (Pty) Ltd v National Association of South African Workers and Another

Vodacom owns and controls access to the Vodacom Midrand Campus. Cleaning services at the premises were rendered by Bidvest Services (Pty) Ltd under contracts managed by Bidvest Facilities Management (Pty) Ltd. The National Association of South African Workers (NASA), an unregistered trade union, attempted to organise Bidvest Services’ cleaning employees and demanded that Vodacom insource the cleaning services. Although limited permission was initially granted to meet employees on the premises, NASA repeatedly held meetings outside agreed areas and thereafter entered the premises without permission, using employee access cards, and convened meetings despite express refusals. Vodacom and the Bidvest companies sought an urgent final interdict to prevent NASA and its official, Mr Morolane, from entering the premises and holding meetings there.

A final interdict was granted restraining NASA and Mr Morolane from entering the Vodacom premises and from holding meetings with employees there without permission. Costs were awarded against the respondents.

The case clarifies that unregistered trade unions have no automatic right of access to workplaces, especially where the premises belong to a third party. It confirms the Labour Court’s jurisdiction to grant interdictory relief protecting property rights where disputes arise in a labour relations context, and reinforces the principle of constitutional subsidiarity in labour law.