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[1]              An employer who embarks on a lock-out may not, as a general rule, use replacement labour to perform the work of the locked out employees.  There is one exception: if the lock-out “is in response to a strike”.[1]  This case is about the interpretation of that exception.  The employer is the respondent, Trenstar (Pty) Limited (Trenstar), whose employees include members of the applicant, the National Union of Metalworkers of South Africa (NUMSA).  NUMSA brought an urgent application in the Labour Court to interdict Trenstar from using replacement labour during a lock out.  The Labour Court dismissed NUMSA’s application.  The Labour Appeal Court subsequently dismissed NUMSA’s appeal on the basis of mootness.  The matter comes before us as an application by NUMSA for leave to appeal against the respective orders of the Labour Court and the Labour Appeal Court.