In November 2003, the SA Transport and Allied Workers' Union (Satawu), with most of its members belonging to Equity Aviation Services (EAS), served a notice as required by the LRA and embarked on a strike.
Other employees who did not belong to the union participated in the strike without giving notice. The company believed it was unlawful that those who did not give notice participated, and requested them to return to work. They did not. EAS later dismissed them for unauthorised absenteeism during the strike. Satawu challenged the dismissals in court.
The Labour Court found that the dismissals were unfair, as employees were not required to be members of the union or to give notice to strike. The Labour Appeal Court upheld that decision. EAS then appealed to the Supreme Court of Appeal, which reversed the decision, ruling that a separate notice had to be given by non-union members for their strike to be protected. The union is now challenging the SCA's interpretation of the LRA in the Constitutional Court, while Equity is arguing in favour of it, Fin24.com says.
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