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A trade union has a closed shop agreement with an employer. However, some of the union members employed at the company decide to join a rival union. The rival union approaches the resident union and the employer with the aim of being recognised by the employer. The rival union threatens to take the matter to court if it cannot be resolved amicably. Would a court entertain such a matter? Would the rival union be able to argue successfully that the closed shop agreement breaches the employees’ right to freedom of association per section 18 of the Constitution?
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