Abstract

The independent trade union movement that emerged from the 1973 Durban strikes developed legal strategies to protect their members, who were primarily African workers excluded from participation under the Industrial Conciliation Act 28 of 1956. Chief among these strategies was the institution of litigation seeking to nullify dismissals that violated statutory victimisation provisions in those laws that covered African workers. The apartheid-era bench was largely hostile to this approach, and it was not until the 1982 full bench decision in National Union of Textile Workers v Stag Packings that orders of nullity and reinstatement became a possibility. However, by this time the powers of the industrial court, which had been established in 1980, had been extended to include status quo orders and the unions were able to achieve unprecedented protection for their members as the industrial court asserted its unfair labour practice powers. This article explores the legal strategies reflected in the litigation and engaged scholarly writing that gave rise to this important judgment and comments on its significance for contemporary labour law in South Africa.