In KougaLocalMunicipality v SA Municipal Workers Union & Others (2021) 42 ILJ 1977 (LC) the Labour Court noted that

"In our constitutional democracy, the leadership displayed by unions to ensure the lawful exercise of the right of employees to embark on strike action is pivotal. Union leadership is instrumental in ensuring property and lives are not harmed during strike actions."

To this end the courts have ordered that unions should be held accountable for the actions of their members and for their failure to ensure that their members comply with court orders issued against them.

Discuss these obligations in light of relevant case law. In so doing, analyse and contrast the findings of the court inFood & Allied Workers Union v In2Food (Pty) Ltd(2014) 35 ILJ 2767 (LAC) and Xstrata South Africa (Pty) Ltd v AMCU & others (Unreported judgment of the Labour Court; Case no: J1239/13; Date of judgment: 25 February 2014).