National Union of Mineworkers and Others v Chrober Slate (Pty) Ltd (JS245/06) [2007] ZALC 59; [2008] 3 BLLR 287 (LC); (2008) 29 ILJ 388 (LC) (17 September 2007)

National Union of Mineworkers and Others v Chrober Slate (Pty) Ltd (JS245/06) [2007] ZALC 59; [2008] 3 BLLR 287 (LC); (2008) 29 ILJ 388 (LC) (17 September 2007)

The court found that the stockmen's actions constituted an unprotected strike as defined in the Labour Relations Act, as their refusal to release slates was aimed at enforcing a demand for a front-end loader. There was no credible evidence that the quarry was unsafe, and the safety issue was deemed an afterthought. The respondent followed proper procedure by issuing ultimatums and consulting the union, and the stockmen ignored warnings. Therefore, the dismissal of the stockmen was both substantively and procedurally fair. The respondent conceded that the dismissal of factory workers was unfair, and the court ordered their reinstatement with limited backpay, considering the conduct of the...

Citation
[2007] ZALC 59
Parties
Applicant: National Union of Mineworkers; Applicant: Segwabe & 42 Others; Respondent: Chrober Slate (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
17 September 2007
Case Number
JS245/06
Procedural Posture
Dismissal Dispute / Trial Judgment
Outcome
The dismissal of the stockmen was substantively and procedurally fair; the dismissal of the factory workers was substantively and procedurally unfair.
Judges
G N Moshoana
Legal Topics
Unprotected Strike, Unfair Dismissal, Procedural Fairness, Substantive Fairness, Mine Health and Safety, Reinstatement
Labour Law Unprotected Strike Unfair Dismissal Procedural Fairness Substantive Fairness Mine Health and Safety Reinstatement

Case Brief

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Parties

National Union of Mineworkers

Applicant

Segwabe & 42 Others

Applicant

Chrober Slate (Pty) Ltd

Respondent

Procedural Posture

Dismissal Dispute / Trial Judgment

Legal Issues

  1. 1 Whether the dismissal of the stockmen for participation in an unprotected strike was substantively and procedurally fair.
  2. 2 Whether the dismissal of the factory workers was substantively and procedurally fair.
  3. 3 Whether section 23 of the Mine Health and Safety Act applied to justify the stockmen's withdrawal of labour.

Ratio Decidendi

The court found that the stockmen's actions constituted an unprotected strike as defined in the Labour Relations Act, as their refusal to release slates was aimed at enforcing a demand for a front-end loader. There was no credible evidence that the quarry was unsafe, and the safety issue was deemed an afterthought. The respondent followed proper procedure by issuing ultimatums and consulting the union, and the stockmen ignored warnings. Therefore, the dismissal of the stockmen was both substantively and procedurally fair. The respondent conceded that the dismissal of factory workers was unfair, and the court ordered their reinstatement with limited backpay, considering the conduct of the...

Court Disposition

The dismissal of the stockmen was substantively and procedurally fair; the dismissal of the factory workers was substantively and procedurally unfair.

Orders

  • The dismissal of the factory workers (schedule B and C) is both substantively and procedurally unfair.
  • The dismissal of the stockmen (schedule A) is both substantively and procedurally fair.