Association of Mineworkers and Construction and Others v KPMM Road and Earthworks (Pty) Ltd (JA 147/2017) [2018] ZALAC 28; (2019) 40 ILJ 297 (LAC); [2019] 4 BLLR 340 (LAC) (31 October 2018)

Association of Mineworkers and Construction and Others v KPMM Road and Earthworks (Pty) Ltd (JA 147/2017) [2018] ZALAC 28; (2019) 40 ILJ 297 (LAC); [2019] 4 BLLR 340 (LAC) (31 October 2018)

The Labour Court erred in finding both the union and individual appellants guilty of contempt. The doctrine of common purpose was incorrectly applied, as there was no evidence placing the individual appellants at the scene or showing their awareness or association with the alleged misconduct. The union's obligations under the Labour Court order were too vague to support a finding of wilful noncompliance or mala fides. The order did not clearly specify what further steps the union was required to take beyond communicating the order and ensuring compliance with the 2000-metre restriction. Without clear content to the obligations imposed, contempt could not be established beyond reasonable...

Citation
[2018] ZALAC 28
Parties
Appellant: Association of Mineworkers and Construction; Appellant: Individuals set out in Annexure FA1; Respondent: KPMM Road and Earthworks (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
31 October 2018
Case Number
JA 147/2017
Procedural Posture
Civil Appeal / Appeal Against Labour Court Judgment on Contempt Application
Outcome
Appeal upheld; Labour Court's judgment set aside.
Judges
D Davis, B Waglay, R Sutherland
Legal Topics
Contempt of Court, Strike Action, Common Purpose, Interdict, Wilfulness and Mala Fides
Labour Law Civil Procedure Contempt of Court Strike Action Common Purpose Interdict Wilfulness and Mala Fides

Case Brief

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Parties

Association of Mineworkers and Construction

Appellant

Individuals set out in Annexure FA1

Appellant

KPMM Road and Earthworks (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Judgment on Contempt Application

Legal Issues

  1. 1 Whether the individual appellants were guilty of contempt of court under the doctrine of common purpose.
  2. 2 Whether the union (first appellant) was guilty of contempt of court for failing to take reasonable steps as required by the Labour Court order.
  3. 3 Whether the Labour Court order was sufficiently clear to impose obligations on the union.

Ratio Decidendi

The Labour Court erred in finding both the union and individual appellants guilty of contempt. The doctrine of common purpose was incorrectly applied, as there was no evidence placing the individual appellants at the scene or showing their awareness or association with the alleged misconduct. The union's obligations under the Labour Court order were too vague to support a finding of wilful noncompliance or mala fides. The order did not clearly specify what further steps the union was required to take beyond communicating the order and ensuring compliance with the 2000-metre restriction. Without clear content to the obligations imposed, contempt could not be established beyond reasonable...

Court Disposition

Appeal upheld; Labour Court's judgment set aside.

Orders

  • The application is dismissed with costs, including the costs of two counsel.