AMCU obo Rantho and Others v Samancor Western Chrome Mines (JS2015/14, JS406/14) [2017] ZALCJHB 405 (8 November 2017)

AMCU obo Rantho and Others v Samancor Western Chrome Mines (JS2015/14, JS406/14) [2017] ZALCJHB 405 (8 November 2017)

The court found that the applicants, by entering into the settlement agreement, acknowledged the validity of the final written warnings issued in June and July 2013 and are precluded from challenging them. The agreement was reached after consideration of disciplinary records and the context of the industrial action. The withdrawal of appeals does not amount to a waiver of the right to challenge the procedural fairness of the dismissals, as the applicants and the union must be afforded an opportunity to explain their non-attendance and withdrawal in light of reserved rights. The identification of the 159 employees should have been resolved during settlement negotiations, and the court will...

Citation
[2017] ZALCJHB 405
Parties
Applicant: AMCU obo L.S. Rantho & 158 Others; Applicant: Tebogo Moses Mathiba; Respondent: Samancor Western Chrome Mines
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 November 2017
Case Number
JS2015/14, JS406/14
Procedural Posture
Labour Law Application / Preliminary Point in Limine
Outcome
The respondent's first and third preliminary points are upheld, precluding the applicants from challenging the validity of the final written warnings and from leading evidence on identification as the 159 employees. The second preliminary point is dismissed, permitting the applicants to challenge the procedural...
Judges
E Tlhotlhalemaje
Legal Topics
Unfair Dismissal, Settlement Agreement, Final Written Warning, Procedural Fairness, Strike Action, Waiver of Rights
Labour Law Unfair Dismissal Settlement Agreement Final Written Warning Procedural Fairness Strike Action Waiver of Rights

Case Brief

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Parties

AMCU obo L.S. Rantho & 158 Others

Applicant

Tebogo Moses Mathiba

Applicant

Samancor Western Chrome Mines

Respondent

Procedural Posture

Labour Law Application / Preliminary Point in Limine

Legal Issues

  1. 1 Whether the applicants are precluded by the settlement agreement from challenging the validity of final written warnings issued in June and July 2013.
  2. 2 Whether the applicants are barred from challenging the procedural fairness of their dismissals on 13 December 2013 due to withdrawal of appeals.
  3. 3 Whether the applicants may lead evidence to determine if they are the 159 employees identified in the settlement agreement.

Ratio Decidendi

The court found that the applicants, by entering into the settlement agreement, acknowledged the validity of the final written warnings issued in June and July 2013 and are precluded from challenging them. The agreement was reached after consideration of disciplinary records and the context of the industrial action. The withdrawal of appeals does not amount to a waiver of the right to challenge the procedural fairness of the dismissals, as the applicants and the union must be afforded an opportunity to explain their non-attendance and withdrawal in light of reserved rights. The identification of the 159 employees should have been resolved during settlement negotiations, and the court will...

Court Disposition

The respondent's first and third preliminary points are upheld, precluding the applicants from challenging the validity of the final written warnings and from leading evidence on identification as the 159 employees. The second preliminary point is dismissed, permitting the applicants to challenge the procedural...

Orders

  • The applicants are precluded from challenging the validity of the final written warnings issued in June and July 2013.
  • The applicants are permitted to challenge the procedural fairness of their dismissals on 13 December 2013.