National Union Of Mineworkers and Others v Black Mountain Mining (Pty) Ltd (C153/2008) [2009] ZALCCT 8 (2 December 2009)

National Union Of Mineworkers and Others v Black Mountain Mining (Pty) Ltd (C153/2008) [2009] ZALCCT 8 (2 December 2009)

The court found that the applicants, both shop stewards, were dismissed for misconduct committed during a protected strike, not for participation in the strike itself. The evidence established that Vass was guilty of several serious charges, including making inflammatory and racist statements, intimidating management, and unauthorised absenteeism. Van den Heever was found guilty of intimidation and interference with security staff. The court held that shop stewards, while entitled to certain protections, remain subject to disciplinary control and must conduct themselves responsibly. The dismissals were procedurally fair, with no undue delay or proven bias in the disciplinary process. The...

Citation
[2009] ZALCCT 8
Parties
Applicant: National Union of Mineworkers; Applicant: John William van den Heever; Applicant: Benjamin Johan Vass; Respondent: Black Mountain Mining (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
2 December 2009
Case Number
C153/2008
Procedural Posture
Unfair Dismissal Application / Judgment After Trial
Outcome
The dismissal of Van den Heever was substantively unfair but procedurally fair; he is reinstated with limited retrospectivity. The dismissal of Vass was substantively and procedurally fair. Costs awarded to the respondent.
Judges
AC Basson
Legal Topics
Unfair Dismissal, Strike Related Misconduct, Discipline of Union Representatives, Procedural Fairness, Automatically Unfair Dismissal
Labour Law Civil Procedure Unfair Dismissal Strike Related Misconduct Discipline of Union Representatives Procedural Fairness Automatically Unfair Dismissal

Case Brief

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Parties

National Union of Mineworkers

Applicant

John William van den Heever

Applicant

Benjamin Johan Vass

Applicant

Black Mountain Mining (Pty) Ltd

Respondent

Procedural Posture

Unfair Dismissal Application / Judgment After Trial

Legal Issues

  1. 1 Whether the dismissal of the applicants was substantively and procedurally fair.
  2. 2 Whether the applicants' dismissals were automatically unfair under section 187(1) of the LRA.
  3. 3 Whether shop stewards are immune from disciplinary action for misconduct committed during a strike.

Ratio Decidendi

The court found that the applicants, both shop stewards, were dismissed for misconduct committed during a protected strike, not for participation in the strike itself. The evidence established that Vass was guilty of several serious charges, including making inflammatory and racist statements, intimidating management, and unauthorised absenteeism. Van den Heever was found guilty of intimidation and interference with security staff. The court held that shop stewards, while entitled to certain protections, remain subject to disciplinary control and must conduct themselves responsibly. The dismissals were procedurally fair, with no undue delay or proven bias in the disciplinary process. The...

Court Disposition

The dismissal of Van den Heever was substantively unfair but procedurally fair; he is reinstated with limited retrospectivity. The dismissal of Vass was substantively and procedurally fair. Costs awarded to the respondent.

Orders

  • The dismissal of the second applicant, Mr. John William van den Heever, was substantively unfair but procedurally fair.
  • The respondent is ordered to reinstate the second applicant retrospectively but limited to six months.