National Association of South African Workers obo Members v Kings Hire CC

A dispute of mutual interest arose between the National Association of South African Workers (NASAW), acting on behalf of its members, and Kings Hire CC regarding the employer’s refusal to pay employees a 13th cheque. The dispute was referred to the CCMA for conciliation, which failed, and a certificate of non-resolution was issued. NASAW issued a strike notice, but after the employer obtained a High Court interdict unrelated to the strike, the union placed the strike in abeyance. On the date the strike was due to commence, the employer excluded employees from the workplace and thereafter issued a formal lock-out notice. The lock-out continued for several months, during which employees were not paid. NASAW eventually approached the Labour Court on an urgent basis seeking to interdict the lock-out, alleging it was unlawful.

The urgent application was dismissed for want of urgency and because no case for final relief was made out. No order as to costs was granted.

The case affirms that employers may lawfully implement a lock-out in response to an unresolved mutual interest dispute once statutory preconditions are met, even if a strike does not commence. It also reinforces strict principles governing urgency in the Labour Court and cautions against judicial interference in ongoing collective bargaining processes.