South African Transport and Allied Workers Union (SATAWU) and Others v Moloto N.O. and Another

SATAWU, the majority union at Equity Aviation Services (Pty) Ltd, referred a wage dispute to the CCMA and, after conciliation failed, issued a strike notice expressly on behalf of its members. A strike commenced and was accepted as protected in respect of SATAWU members. Non-unionised employees (the second to sixty-fourth applicants) also participated in the strike without issuing a separate strike notice or authorising SATAWU to act on their behalf. Equity warned these employees that their participation was unlawful and later dismissed them for unauthorised absence. The dismissed employees challenged their dismissal as automatically unfair.

Leave to appeal was granted, but the appeal was dismissed. The decision of the Supreme Court of Appeal was upheld, confirming that the dismissals were lawful.

The case authoritatively clarifies the requirements for a protected strike under section 64(1)(b) of the Labour Relations Act. It confirms that non-unionised employees cannot rely on a strike notice issued solely on behalf of union members, thereby shaping the procedural law governing strikes and reinforcing the principle of orderly collective bargaining in South African labour law.