In Transport and Allied Workers Union of South Africa v PUTCO Limited (CCT94/15) ZACC 7 (8 March 2016), the Constitutional Court (CC) clarified an issue relating to employer-initiated lock-outs. A dispute had arisen in bargaining council negotiations between employers’ organisations and some trade unions in the road passenger transport industry that ultimately led to the employers locking out employees to compel them to agree to the employers’ demands. A union (TAWUSA) that had not been party to the bargaining council negotiations took the position that its members could not lawfully be locked out because they had not been party to the dispute and no demands had therefore been made of them. The CC held that the Labour Relations Act does not permit an employer to lock out members of a trade union where that trade union was not party to the dispute underlying the lock-out, even where there is a bargaining council, adding that for a lock-out to be lawful, its purpose had to be to compel the excluded workers to accept a demand of a some kind. The lockout of the TAWUSA members was thus held to be unlawful.