The Labour Court has interdicted multi-national automotive, vehicle products and services company Motus from unilaterally changing the salaries and conditions of employment of 232 members of the Motor Industry Staff Association (MISA).
In a ruling handed down this week, Judge Zolashe Lallie agreed with MISA’s interpretation of Section 64(4) of the Labour Relations Act (LRA), which prevents an employer from unilaterally implementing changes to employees’ terms and conditions of employment once a dispute has been referred.
In her judgment, Lallie emphasised the importance of employment benefits and remuneration to workers’ livelihoods and family stability.
Threat to staff livelihoods
“Employees plan their lives and those of their dependents based on all the remuneration and benefits they will receive from their employers. A narrow interpretation will prejudice employees who work under the threat of having certain benefits taken away at the employer’s whim,” the judge stated.
The court granted the interdict until February 18. The underlying dispute between MISA and Motus is scheduled to be heard on February 16 at the Motor Industry Bargaining Council’s Dispute Resolution Centre (DRC).
However, the court dismissed MISA’s second urgent application. This one sought to interdict Motus from proceeding with retrenchments. Judge Lallie found that although the facilitated Section 189 consultation process between Motus and MISA concluded in December 2025, there had been no material change in circumstances that would require the employer to issue a fresh Section 189 notice.
As a result, the court ruled that Motus was not precluded from consulting directly with affected employees.
MISA has expressed strong disagreement with this aspect of the judgment. Martlé Keyter, MISA’s Chief Executive Officer: Operations, said the union would pursue all available legal remedies to ensure compliance with the principles of fairness, proper consultation and the Labour Relations Act.
MISA to appeal parts of the ruling
“MISA will be filing an application for leave to appeal,” said Keyter.
MISA’s attorney, Dr Gerrie Ebersöhn, has also formally informed Motus that the union maintains the employer’s conduct was and remains unfair. He said MISA members have been placed under extreme pressure to accept revised conditions of employment or face retrenchment.
“It is important to note that MISA members who elect to sign the employer’s offer do so under protest, under duress and with full reservation of their rights,” said Ebersöhn. “Such acceptance cannot and will not be regarded as a waiver of their legal rights or their right to challenge the process.”
MISA said it remains committed to protecting the rights and interests of its members amid ongoing restructuring within the automotive retail sector.
