Mawethu Civils (Pty) Ltd and Another v National Union of Mineworkers and Others (PA24/14) [2016] ZALAC 13; [2016] 7 BLLR 661 (LAC); (2016) 37 ILJ 1851 (LAC) (20 April 2016)

Mawethu Civils (Pty) Ltd and Another v National Union of Mineworkers and Others (PA24/14) [2016] ZALAC 13; [2016] 7 BLLR 661 (LAC); (2016) 37 ILJ 1851 (LAC) (20 April 2016)

The court held that the dispute regarding payment for the leave day after a public holiday was an unfair labour practice as defined in section 186(2) of the LRA, involving the provision of benefits. The issue in dispute was one that the respondents had the right to refer to arbitration under section 191(5)(iv) of the LRA. Consequently, section 65(1)(c) of the LRA applied, prohibiting the strike and rendering it unprotected. The Labour Court erred in discharging the interim interdict and should have confirmed the rule nisi. The appeal was upheld, and the rule nisi was confirmed.

Citation
[2016] ZALAC 13
Parties
Appellant: Mawethu Civils (Pty) Ltd; Appellant: Mawethu Plant (Pty) Ltd; Respondent: National Union of Mineworkers and Others
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
20 April 2016
Case Number
PA24/14
Procedural Posture
Civil Appeal / Appeal Against Discharge of Interim Interdict Restraining Strike
Outcome
Appeal upheld; rule nisi confirmed and final order granted.
Judges
Waglay JP, Sutherland JA, Murphy AJA
Legal Topics
Unfair Labour Practice, Strike Prohibition, Arbitration Referral, Benefits Dispute, Section 65 Lra, Section 191 Lra
Labour Law Unfair Labour Practice Strike Prohibition Arbitration Referral Benefits Dispute Section 65 Lra Section 191 Lra

Case Brief

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Parties

Mawethu Civils (Pty) Ltd

Appellant

Mawethu Plant (Pty) Ltd

Appellant

National Union of Mineworkers and Others

Respondent

Procedural Posture

Civil Appeal / Appeal Against Discharge of Interim Interdict Restraining Strike

Legal Issues

  1. 1 Whether the dispute regarding payment for leave day after a public holiday constitutes an unfair labour practice.
  2. 2 Whether the prohibition in section 65(1)(c) of the LRA applies to the dispute, rendering the strike unprotected.
  3. 3 Whether the dispute ought to have been referred to arbitration under section 191(5)(iv) of the LRA.

Ratio Decidendi

The court held that the dispute regarding payment for the leave day after a public holiday was an unfair labour practice as defined in section 186(2) of the LRA, involving the provision of benefits. The issue in dispute was one that the respondents had the right to refer to arbitration under section 191(5)(iv) of the LRA. Consequently, section 65(1)(c) of the LRA applied, prohibiting the strike and rendering it unprotected. The Labour Court erred in discharging the interim interdict and should have confirmed the rule nisi. The appeal was upheld, and the rule nisi was confirmed.

Court Disposition

Appeal upheld; rule nisi confirmed and final order granted.

Orders

  • The order of the Labour Court of 12 February 2013 is set aside.
  • The rule nisi is confirmed and a final order is granted.