The Johannesburg Labour Court has dismissed Premier Group’s urgent application to stop workers from striking at its Mister Sweet branch in Germiston.
Workers downed tools on 19 August, demanding higher wages.
In an application to the court against nearly 300 striking workers, Premier argued that the strike had turned violent and that other workers had been intimidated. The strikers, represented by one of the workers, Fikile Zwane, and three others, did not dispute that there had been violence but said they had not been involved.
Handing down judgment on 10 September, Labour Court Judge Reynaud Daniels said Premier had not shown that the workers had acted as a group.
He pointed out that the Constitutional Court had warned judges of the risk that where interdicts were granted too easily they might become “a great engine of oppression against workers and unions”, and that some employers might abuse interdicts to tilt the balance of power in their favour.
“Finally, of great importance, the Court warned that where interdicts are too readily granted this could undermine collective action, the right to engage in protected strike action, and debase and undermine the rule of law.” he said.
The judge said Premier had not presented a factual basis on which the court could find that the 294 workers had acted “as a cohesive group”, or that any or all of them had associated themselves with the intimidation and violence.
The workers are demanding a minimum wage of R12,500 a month for the lowest-paid workers and R16,500 for workers in higher-level positions.
“Our workers have been striking peacefully, and whatever acts of violence that may have taken place had nothing to do with us,” said Jaco Potlaki from the Simunye Workers’ Forum. “Premier should just agree to our terms and give the workers the higher wages that they rightfully deserve,” he said, adding that the strike would continue.
Asked for comment, Premier’s spokesperson referred GroundUp to a previous statement repeating its initial 7% wage offer.
This article was originally published on GroundUp.
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