The Congress of South African Trade Unions (COSATU) congratulates its formidable Affiliate, the South African Commercial, Catering and Allied Workers Union (SACCAWU) on dealing a massive blow to Massmart’s uncaring management at the apex court.

The Constitutional Court found in favour of the 51-year-old union in the case that originated from a strike in 2021. SACCAWU members at Massmart downed tools following failed wage negotiations, during which the Walmart subsidiary refused to put an opening offer on the table but simultaneously demanded that SACCAWU lower its demands.

As this was a protected strike, a Commission for Conciliation, Mediation and Arbitration (CCMA) Commissioner drew up the picketing rules and designated specific spaces for picketing. Massmart subsequently approached the Labour Court and sued SACCAWU for damages to the tune of R9.4 million, alleging workers had violated the picketing rules, blocked entrances to its shops thereby causing it to lose revenue and damaged property.     

The Labour Court ruled in favour of Massmart, ordering SACCAWU to pay damages but SACCAWU appealed the ruling at the Labour Appeal Court. The Appeal Court concurred with the lower court, prompting SACCAWU to approach the Constitutional Court.

In a majority ruling last Wednesday, the Constitutional Court found that Massmart had relied on Section 68 of the Labour Relations Act (LRA) to justify its claim for damages. The section empowers the court to issue an order for just and equitable compensation for loss suffered because of an unprotected strike. However, SACCAWU argued that the Labour Court had no authority to order the compensation because the strike in question was protected. The Constitutional Court agreed and ruled in SACCAWU’s favour.

COSATU commends SACCAWU for having stood its ground and taken the case all the way to the highest court in the land. By so doing it has proven to Massmart and its parent company, Walmart, that it will not cower to union bashing and that it is willing to do everything in its power to protect the rights of workers. COSATU commits to always supporting its Affiliates as they continue to fight for and defend the rights of workers.

Issued by COSATU