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lOMoARcPSD|4079685LLAB CASE Summaries
LABOUR LAW (University of South Africa)
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, lOMoARcPSD|4079685
LLAB CASE SUMMARIES
UNIT 1. OHASA
1. Pikitup vs SAMWU
This case focuses on three important aspects, namely Collective Bargainong, Strike and
primarily the Legitimacy of Breathelisers.
Facts: The employer was of the belief that driver employees are always under the influence
of alcohol, especially during working hours and because this may be of jeopardy to the
health and safety of themselves and other people, the employer then introduced a
compulsory breathalyser test as a measure of ensuring occupational health and safety
requirements.
The employees were of the position that the breathalyser is degrading to them and
convened a strike. There was an order to declare the strike as unprotected, but it was later
discharged.
The employee’s contention was that he has to ensure as far as reasonably practical that he
maintains a healthy and safe working environment and in order to achieve that he will have
to introduce compulsory breathalyser tests
Issues: What exactly was expected if the employee in order to discharge\execute his duties?
Was it necessary for the employer to introduce a compulsory breathalyser testing in order to
comply with occupational health and safety requirements?
Court Decision: Established that there is actually no test that determines what the employee
should have done that is seen as reasonably practical and this concept is of a variable notion
but OHASA requires the employers to do reasonably all the is possible in order to comply
with its requirements ( do what can be done).
He had already introduced and adopted policies in the work place that prohibit the
consumption of alcohol in the work place and that was deemed as reasonably practical and
there are many other ways to ensure this.
The court decided the employer has already discharged his duties of ensuring a healthy and
safe working environment by introducing the policies and there was no need for the tests
because it is indeed degrading
2. PSA of SA vs Minister of Health
[A lengthy discussion on the jurisdictions of the LC re : Sec 157-158 of the LRA ]
Facts : Two independet surveys were conducted and the results established that the health
and safety standards were deficient in certain aspects of an office block. The Union
approached the court with a request that they must order the DoH to adhere to the OHASA
with the recommendations from the investigations team.
In Practice : Employeer may be directed by the Inspector to comply reasonable policies on
health and safety.
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