National Union of Mineworkers and Others v Roberts Brothers Construction (Pty) Ltd and Another (P05/14; P06/14) [2017] ZALCPE 13 (3 October 2017)

National Union of Mineworkers and Others v Roberts Brothers Construction (Pty) Ltd and Another (P05/14; P06/14) [2017] ZALCPE 13 (3 October 2017)

The court found that the respondents' interpretation of item 6(2) of schedule 8 of the Labour Relations Act was not supported by the plain wording of the provision, which places the obligation on the employer to contact the union prior to dismissal. The argument that employees bear an equivalent responsibility or that the obligation is solely to protect the union's interests was rejected as novel and unpersuasive. The failure to notify the union was a material factor affecting procedural fairness, and the compensation awarded was intended to emphasise the importance of union notification in cases of unprotected strikes. However, leave to appeal was granted to allow the Labour Appeal Court...

Citation
[2017] ZALCPE 13
Parties
Applicant: National Union of Mineworkers; Applicant: Unathi Stimele; Applicant: W Twalo & 10 Others; Respondent: Roberts Brothers Construction (Pty) Ltd; Respondent: Mpumulanga Construction (Pty) Ltd
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
3 October 2017
Case Number
P05/14; P06/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Dismissals
Outcome
Leave to appeal against the judgment is granted; costs will be costs in the appeal.
Judges
Lagrange
Legal Topics
Procedural Fairness, Strike Dismissal, Compensation Award, Labour Relations Act, Union Notification
Labour Law Procedural Fairness Strike Dismissal Compensation Award Labour Relations Act Union Notification

Case Brief

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Parties

National Union of Mineworkers

Applicant

Unathi Stimele

Applicant

W Twalo & 10 Others

Applicant

Roberts Brothers Construction (Pty) Ltd

Respondent

Mpumulanga Construction (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Dismissals

Legal Issues

  1. 1 Whether the employer was obliged to contact the employees' trade union prior to dismissal as part of procedural fairness.
  2. 2 Whether the dismissals were procedurally unfair due to lack of union notification before issuing the final ultimatum.
  3. 3 Whether the compensation awarded was excessive given the circumstances.

Ratio Decidendi

The court found that the respondents' interpretation of item 6(2) of schedule 8 of the Labour Relations Act was not supported by the plain wording of the provision, which places the obligation on the employer to contact the union prior to dismissal. The argument that employees bear an equivalent responsibility or that the obligation is solely to protect the union's interests was rejected as novel and unpersuasive. The failure to notify the union was a material factor affecting procedural fairness, and the compensation awarded was intended to emphasise the importance of union notification in cases of unprotected strikes. However, leave to appeal was granted to allow the Labour Appeal Court...

Court Disposition

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

Orders

  • Leave to appeal against the judgment handed down on 4 April 2017 is granted.
  • Costs shall be costs in the appeal.