Is a demand for a higher percentage of share equity a mutual interest in respect of which employees may embark on a strike?

Abstract

In Itumele Bus Lines (Pty) Ltd t/a Interstate Bus Lines v Transport and Allied Workers Union of SA, a question under determination was whether a demand for a higher equity shareholding was a matter of mutual interest suitable for protected action and whether the employees in question were allowed to strike. The Labour Relations Act 66 of 1995 (hereafter the act) allows every employee the right to engage in a lawful strike (s 64) for purposes of remedying a grievance or resolving a dispute in respect of any matter of mutual interest (s 213). The acquisition of shares from companies is governed by the contractual principle of offer and acceptance.