National Union of Mineworkers and Others v Rustenburg Platinum Mines and Others (JR628/12) [2016] ZALCJHB 26 (1 February 2016)

National Union of Mineworkers and Others v Rustenburg Platinum Mines and Others (JR628/12) [2016] ZALCJHB 26 (1 February 2016)

The court found that the explanation for the delay in launching the review application was unreasonable and amounted to negligence by the union. However, the affected workers themselves acted diligently in pursuing the review, and the merits of the review application warranted consideration. The arbitrator's finding that the entire crew was not permitted to participate in the early entry examination was contrary to the evidence presented, which showed that the whole crew could conduct the examination. The prohibition on entering unsafe workplaces applied only to those not involved in the examination and making safe. The arbitrator's decision to uphold the dismissal of the majority of...

Citation
[2016] ZALCJHB 26
Parties
Applicant: National Union of Mineworkers; Applicant: Petlele & 11 Others; Respondent: Rustenburg Platinum Mines; Respondent: CCMA; Respondent: Commissioner K Erasmus N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 February 2016
Case Number
JR628/12
Procedural Posture
Review Application / Application for Condonation and Review of Arbitration Award
Outcome
The review application was partially successful: condonation was granted, the arbitration award was set aside and substituted, and ten applicants were ordered to be reinstated with no loss of benefits. The dismissals of Petlele and Goja were upheld as substantively fair. No order as to costs was made.
Judges
Rabkin-Naicker
Legal Topics
Condonation for Late Filing, Substantive Fairness of Dismissal, Health and Safety Rules, Consistency in Discipline, Reinstatement Remedy
Labour Law Condonation for Late Filing Substantive Fairness of Dismissal Health and Safety Rules Consistency in Discipline Reinstatement Remedy

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Applicant

Petlele & 11 Others

Applicant

Rustenburg Platinum Mines

Respondent

CCMA

Respondent

Commissioner K Erasmus N.O.

Respondent

Procedural Posture

Review Application / Application for Condonation and Review of Arbitration Award

Legal Issues

  1. 1 Whether the delay in launching the review application should be condoned.
  2. 2 Whether the dismissal of the applicants was substantively fair in light of health and safety regulations and workplace practices.
  3. 3 Whether the arbitrator's findings were reasonable regarding the conduct of the applicants and consistency in discipline.

Ratio Decidendi

The court found that the explanation for the delay in launching the review application was unreasonable and amounted to negligence by the union. However, the affected workers themselves acted diligently in pursuing the review, and the merits of the review application warranted consideration. The arbitrator's finding that the entire crew was not permitted to participate in the early entry examination was contrary to the evidence presented, which showed that the whole crew could conduct the examination. The prohibition on entering unsafe workplaces applied only to those not involved in the examination and making safe. The arbitrator's decision to uphold the dismissal of the majority of...

Court Disposition

The review application was partially successful: condonation was granted, the arbitration award was set aside and substituted, and ten applicants were ordered to be reinstated with no loss of benefits. The dismissals of Petlele and Goja were upheld as substantively fair. No order as to costs was made.

Orders

  • The application for condonation is granted.
  • The arbitration award under case number NWRB1561-11 is set aside and substituted as follows: the dismissal of Joaba Petlele and Zolele Goja was substantively fair; the dismissal of the remaining ten applicants was substantively unfair.