Concor Projects (Pty) Ltd T/A Concor Opencast Mining v Commission for Conciliation, Mediation And Arbitration and Others (J 2773/12) [2013] ZALCJHB 341 (22 March 2013)

Concor Projects (Pty) Ltd T/A Concor Opencast Mining v Commission for Conciliation, Mediation And Arbitration and Others (J 2773/12) [2013] ZALCJHB 341 (22 March 2013)

The court held that the factual dispute regarding the settlement agreement was immaterial because the agreement was concluded under a common misapprehension about the legal effect of the sectoral determination. Therefore, the respondents were entitled to resile from the agreement, and referring the matter to oral evidence would not have affected the outcome. Regarding costs, the court found that its decision to order the applicant to pay half the respondents' costs was a proper exercise of discretion, as the applicant succeeded only on a narrow ground. The requirements of law and fairness under section 162(1) of the LRA were satisfied, and there was no improper exercise of discretion.

Citation
[2013] ZALCJHB 341
Parties
Applicant: Concor Projects (Pty) Ltd T/A Concor Opencast Mining; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner C Mokabane (N.O.); Respondent: Association of Mineworkers and Construction Union (AMCU); Respondent: N Titana and further respondents (as per annexure 'A' to the founding affidavit)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 March 2013
Case Number
J 2773/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Interdict and Costs
Outcome
Application for leave to appeal refused.
Judges
R Lagrange
Legal Topics
Protected Strike Action, Settlement Agreement, Dispute of Fact, Costs Award, Oral Evidence, Exercise of Discretion
Labour Law Civil Procedure Protected Strike Action Settlement Agreement Dispute of Fact Costs Award Oral Evidence Exercise of Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Concor Projects (Pty) Ltd T/A Concor Opencast Mining

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner C Mokabane (N.O.)

Respondent

Association of Mineworkers and Construction Union (AMCU)

Respondent

N Titana and further respondents (as per annexure 'A' to the founding affidavit)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Interdict and Costs

Legal Issues

  1. 1 Whether the court erred in failing to refer disputes of fact regarding the settlement agreement to oral evidence.
  2. 2 Whether the costs order made by the court was an improper exercise of discretion.

Ratio Decidendi

The court held that the factual dispute regarding the settlement agreement was immaterial because the agreement was concluded under a common misapprehension about the legal effect of the sectoral determination. Therefore, the respondents were entitled to resile from the agreement, and referring the matter to oral evidence would not have affected the outcome. Regarding costs, the court found that its decision to order the applicant to pay half the respondents' costs was a proper exercise of discretion, as the applicant succeeded only on a narrow ground. The requirements of law and fairness under section 162(1) of the LRA were satisfied, and there was no improper exercise of discretion.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal against the judgment handed down on 4 January 2013 is refused.