Kimberley Ekapa Mining Joint Venture v National Union of Mineworkers (J3723-18) [2019] ZALCJHB 179 (1 August 2019)

Kimberley Ekapa Mining Joint Venture v National Union of Mineworkers (J3723-18) [2019] ZALCJHB 179 (1 August 2019)

The Acting Judge, after reconsidering the judgment and written submissions, found that there is a likelihood that another court, presented with the same facts, may reach a different conclusion regarding the selection criteria, the existence of a bona fide dispute of fact, procedural fairness of the dismissals, and the appropriateness of reinstatement. Accordingly, leave to appeal is granted.

Citation
[2019] ZALCJHB 179
Parties
Applicant: Kimberley Ekapa Mining Joint Venture; Respondent: National Union of Mineworkers
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 August 2019
Case Number
J3723-18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 15 May 2019.
Outcome
Leave to appeal is granted; costs will be costs in the appeal.
Judges
MTM Phehane
Legal Topics
Procedural Fairness, Selection Criteria, Consultation Process, Reinstatement of Employees
Labour Law Procedural Fairness Selection Criteria Consultation Process Reinstatement of Employees

Case Brief

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Parties

Kimberley Ekapa Mining Joint Venture

Applicant

National Union of Mineworkers

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 15 May 2019.

Legal Issues

  1. 1 Whether the Court erred in making a finding on the selection criteria.
  2. 2 Whether there was a bona fide dispute of fact regarding consultation on selection criteria and the respondent's withdrawal from the consultation process.
  3. 3 Whether the dismissal of employees was procedurally unfair.

Ratio Decidendi

The Acting Judge, after reconsidering the judgment and written submissions, found that there is a likelihood that another court, presented with the same facts, may reach a different conclusion regarding the selection criteria, the existence of a bona fide dispute of fact, procedural fairness of the dismissals, and the appropriateness of reinstatement. Accordingly, leave to appeal is granted.

Court Disposition

Leave to appeal is granted; costs will be costs in the appeal.

Orders

  • The application for leave to appeal is granted.
  • Costs will be costs in the appeal.