Exxaro Resources Ltd and Others v National Union of Mineworkers and Others (J 1018/11) [2011] ZALCJHB 241 (19 October 2011)

Exxaro Resources Ltd and Others v National Union of Mineworkers and Others (J 1018/11) [2011] ZALCJHB 241 (19 October 2011)

The Court found that the true and real issue in dispute was the avoidance of retrenchments and the demand for proper consultation prior to any implementation of the restructuring project. This issue is justiciable in the Labour Court, as the LRA provides mechanisms for parties to approach the Court for relief in cases of procedural unfairness in retrenchment. The Court rejected the respondent's argument that the dispute was purely of mutual interest and not capable of adjudication, holding that both section 189A and section 191 of the LRA allow for disputes about retrenchment procedures to be referred to the Labour Court. Accordingly, section 65(1)(c) prohibits strike action over such...

Citation
[2011] ZALCJHB 241
Parties
Applicant: Exxaro Resources Ltd; Applicant: Exxaro Coal Mpumalanga (Pty) Ltd; Applicant: Exxaro Coal (Pty) Ltd; Applicant: Exxaro Reductants (Pty) Ltd; Applicant: Exxaro Sands (Pty) Ltd; Applicant: Exxaro TSA Sands (Pty) Ltd; Applicant: Ferroalloys (Pty) Ltd; Respondent: National Union of Mineworkers; Respondent: Solidarity; Respondent: Persons on Annexure “A” to “M”
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 October 2011
Case Number
J 1018/11
Procedural Posture
Urgent Application / Return Day of Rule Nisi; Confirmation of Interim Interdict
Outcome
Interim interdict confirmed; respondents restrained from participating in strike action; costs awarded against First Respondent.
Judges
G N Moshoana
Legal Topics
Strike Interdict, Section 65 Lra, Section 189a Consultation, Mutual Interest Dispute, Retrenchment Procedure
Labour Law Civil Procedure Strike Interdict Section 65 Lra Section 189a Consultation Mutual Interest Dispute Retrenchment Procedure

Case Brief

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Parties

Exxaro Resources Ltd

Applicant

Exxaro Coal Mpumalanga (Pty) Ltd

Applicant

Exxaro Coal (Pty) Ltd

Applicant

Exxaro Reductants (Pty) Ltd

Applicant

Exxaro Sands (Pty) Ltd

Applicant

Exxaro TSA Sands (Pty) Ltd

Applicant

Ferroalloys (Pty) Ltd

Applicant

National Union of Mineworkers

Respondent

Solidarity

Respondent

Persons on Annexure “A” to “M”

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi; Confirmation of Interim Interdict

Legal Issues

  1. 1 Is the issue in dispute forming the subject matter of the proposed strike one that the First Respondent can refer to the Labour Court or arbitration under section 65(1)(c) of the LRA?
  2. 2 Is the proposed strike action prohibited by section 65(1)(c) of the LRA?
  3. 3 What is the true and real issue in dispute between the parties?

Ratio Decidendi

The Court found that the true and real issue in dispute was the avoidance of retrenchments and the demand for proper consultation prior to any implementation of the restructuring project. This issue is justiciable in the Labour Court, as the LRA provides mechanisms for parties to approach the Court for relief in cases of procedural unfairness in retrenchment. The Court rejected the respondent's argument that the dispute was purely of mutual interest and not capable of adjudication, holding that both section 189A and section 191 of the LRA allow for disputes about retrenchment procedures to be referred to the Labour Court. Accordingly, section 65(1)(c) prohibits strike action over such...

Court Disposition

Interim interdict confirmed; respondents restrained from participating in strike action; costs awarded against First Respondent.

Orders

  • The Respondents are restrained and interdicted from participating, promoting and inciting a strike action against any of the Applicants or acting in contemplation or furtherance of such a strike action.
  • The First Respondent is to pay the costs of this application.