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Constitutional Court judgment – the use of replacement labour in response...

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On 18 April 2023, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa (NUMSA) v Trenstar (Pty) Ltd (Trenstar). It had to consider the interpretation of section 76(1)(b) of the Labour Relations Act (LRA), which prohibits employers from using replacement labour during a lock-out unless the lock-out is in response to a strike.

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