Mawethu Civils v NUM and Others (PA2/14) [2016] ZALAC 87 (20 April 2016)

Mawethu Civils v NUM and Others (PA2/14) [2016] ZALAC 87 (20 April 2016)

The court found that the dispute regarding payment for the leave day following a public holiday was an unfair labour practice relating to the provision of benefits, as defined in section 186(2) of the LRA. This dispute was amenable to resolution by arbitration under section 191(5)(iv) of the LRA. Therefore, section 65(1)(c) of the LRA prohibited strike action in respect of this dispute, making the strike 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 as a final order.

Citation
[2016] ZALAC 87
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
PA2/14
Procedural Posture
Civil Appeal / Appeal Against Discharge of Interim Interdict Restraining Strike
Outcome
Appeal upheld; Labour Court order set aside and substituted.
Judges
Waglay, Sutherland, Murphy
Legal Topics
Unfair Labour Practice, Strike Prohibition, Arbitration Referral, Benefits Dispute, No Work No Pay
Labour Law Civil Procedure Unfair Labour Practice Strike Prohibition Arbitration Referral Benefits Dispute No Work No Pay

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 following a public holiday constitutes an unfair labour practice.
  2. 2 Whether the prohibition in section 65(1)(c) of the Labour Relations Act applies to the dispute.
  3. 3 Whether the strike was prohibited and unprotected under the LRA.

Ratio Decidendi

The court found that the dispute regarding payment for the leave day following a public holiday was an unfair labour practice relating to the provision of benefits, as defined in section 186(2) of the LRA. This dispute was amenable to resolution by arbitration under section 191(5)(iv) of the LRA. Therefore, section 65(1)(c) of the LRA prohibited strike action in respect of this dispute, making the strike 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 as a final order.

Court Disposition

Appeal upheld; Labour Court order set aside and substituted.

Orders

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