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General Industries Workers Union of South Africa (GIWUSA) and Others v Document Warehouse (Pty) Ltd (J1524/13) [2013] ZALCJHB 138 (15 July 2013)

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REPUBLIC OF SOUTH AFRICA

THE LABOUR COURT OF SOUTH AFRICA,

IN PORT ELIZABETH

JUDGMENT

Case no: J 1524/13

In the matter between:



GENERAL INDUSTRIES WORKERS UNION OF SOUTH AFRICA (‘GIWUSA’)


First Applicant

THE PERSONS LISTED IN ANNEXURE “A”


Second to Further Applicants

and



THE DOCUMENT WAREHOUSE (PTY) LTD


Respondent



Heard: 12 July 2013

Delivered: 15 July 2013

Summary: (urgent application- interim interdict of a lockout – first lockout unprotected – second lockout protected).

JUDGMENT

LAGRANGE, J

  1. Having heard both parties’ representatives and having considered the matter, the following order is made:

Order

  1. The lock out imposed by the respondent against the second to further applicants on 1st July 2013 did not comply with Chapter 4 of the Labour Relations Act, 66 of 1995

  2. The respondent must allow the second to further applicants to return to work with immediate effect.

  3. The respondent must pay the applicants’ costs.

  4. The order in paragraphs [2] and [3] above shall operate as an interim order pending the return day on 30 August 2013 when the respondent is called upon to show good cause why the order should not be made final.





_______________________

R LAGRANGE, J

Judge of the Labour Court of South Africa





APPEARANCES

APPLICANT: L Hlatswayo of Phungula Inc.

FIRST RESPONDENT: W Bank instructed by Singhs Attorneys