concourtBDLive reports that the Constitutional Court (ConCourt) has ruled that employees on strike for backpay are entitled to stay on strike until the money has been paid, even where the employer has promised to pay it.  

The judgment on Thursday was a vindication for the Transport and Allied Workers’ Union of SA (Tawusa) and 94 truck drivers who had been fighting their unfair dismissal by petroleum and gas transporters Unitrans Fuel and Chemical since 2010 and had been to court six times over the dispute.  The workers were dismissed in 2010.  The court ordered that all the drivers be reinstated — on terms "no less favourable" then when they were fired — and that they receive backpay from that date.  The company argued that the workers’ demands were over issues that were reserved for the National Bargaining Council for the Road Freight Industry.  However, the ConCourt upheld the principle that a strike would be protected if even one of the demands made was a strikeable one.


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