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MISA comment - Motus interdicted from unilaterally changing conditions of employment

Feb 06, 2026 Labour Court, interdicted, Motus Group, Judge Zolashe Lallie, MISA, the Motor Industry Staff Association, Dr. Gerrie Ebersöhn, MISA’s Attorney,

MISA comment - Motus interdicted from unilaterally changing conditions of employment

The Labour Court interdicted the Motus Group from unilaterally changing the salaries and conditions of employment of 232 members of MISA, the Motor Industry Staff Association. Judge Zolashe Lallie agreed with MISA’s interpretation of Section 64 (4) of the Labour Relations Act (LRA) preventing an employer to unilaterally implement changes to terms and conditions of employment, after a dispute has been referred.

“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,” says Lallie in her judgement. She granted the interdict until 18 February. MISA’s dispute against the Motus Group will be heard on 16 February at the Motor Industry Bargaining Council’s (MIBCO) Dispute Resolution Centre (DRC).

Lallie dismissed MISA’s second urgent application to interdict the Motus Group from proceeding with the retrenchment. The Judge was of the view that although the facilitated Section 189 consultation process between the Motus Group and MISA was concluded in December 2025, no material change occurred requiring the Employer to issue a fresh Section 189 notice. Therefor in the circumstances, Motus was not precluded from consulting directly with employees.

Martlé Keyter, MISA’s Chief Executive Officer: Operations, says the Union disagrees with this judgement and will pursue all available legal remedies to ensure that the requirements of fairness, proper consultation and the LRA are upheld. MISA will file an application for leave to appeal. Dr. Gerrie Ebersöhn, MISA’s Attorney, informed the Motus Group that the Union maintains the Employer’s conduct was and remains unfair, and that 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 and under duress, and with full reservation of their rights. Such acceptance cannot and will not be regarded as a waiver of their legal rights or their right to challenge the process,” says Ebersöhn.

MISA remains committed to protecting the rights of its members.

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