The lock-out as a tool for the business rescue practitioner : the Airline Pilots' Association of South Africa judgment : case notes

Abstract

The South African Airways was placed under business rescue in December 2019. The appointed business rescue practitioners (BRPs) sought to terminate a collective agreement between SAA and the pilots' trade union. Negotiations failed and the BRPs commenced with a lock-out. The court considered the provisions of the Companies Act and Labour Relations Act and concluded that the lock-out was a legitimate negotiating tool during business rescue. The authors question whether these Acts are appropriately aligned and the opine that the general principles pertaining to collective bargaining may not serve the aims of expeditious business rescue proceedings in all circumstances.