National Union of Mineworkers and Others v Trans Hex Operations (Pty) Ltd (C 614/2009) [2010] ZALC 332 (28 July 2010)

National Union of Mineworkers and Others v Trans Hex Operations (Pty) Ltd (C 614/2009) [2010] ZALC 332 (28 July 2010)

The court found that Transhex had proved, on a balance of probabilities, that it consulted with the union in a fair manner and complied with section 189 of the Labour Relations Act. The evidence demonstrated that management made genuine efforts to engage the union, sought to minimise retrenchments, and applied fair selection criteria derived from the retrenchment agreement. The union, by contrast, was found to have adopted an obstructive and delaying attitude, prioritising political and community events over meaningful participation in the consultation process. The court held that the employer is required to attempt to reach consensus but is not obliged to obtain agreement from the union....

Citation
[2010] ZALC 332
Parties
Applicant: National Union of Mineworkers; Applicant: Second and Further Applicants; Respondent: Transhex Operations (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 July 2010
Case Number
C 614/2009
Procedural Posture
Labour Dismissal Application / Trial Judgment
Outcome
Application dismissed with costs awarded against the applicants.
Judges
A M de Swardt
Legal Topics
Retrenchment, Procedural Fairness, Substantive Fairness, Consultation Process, Selection Criteria, Severance Pay
Labour Law Retrenchment Procedural Fairness Substantive Fairness Consultation Process Selection Criteria Severance Pay

Case Brief

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Parties

National Union of Mineworkers

Applicant

Second and Further Applicants

Applicant

Transhex Operations (Pty) Ltd

Respondent

Procedural Posture

Labour Dismissal Application / Trial Judgment

Legal Issues

  1. 1 Whether the retrenchment of the applicants was procedurally and substantively fair.
  2. 2 Whether the respondent complied with section 189 of the Labour Relations Act in consulting with the union.
  3. 3 Whether fair selection criteria were applied in identifying employees for retrenchment.

Ratio Decidendi

The court found that Transhex had proved, on a balance of probabilities, that it consulted with the union in a fair manner and complied with section 189 of the Labour Relations Act. The evidence demonstrated that management made genuine efforts to engage the union, sought to minimise retrenchments, and applied fair selection criteria derived from the retrenchment agreement. The union, by contrast, was found to have adopted an obstructive and delaying attitude, prioritising political and community events over meaningful participation in the consultation process. The court held that the employer is required to attempt to reach consensus but is not obliged to obtain agreement from the union....

Court Disposition

Application dismissed with costs awarded against the applicants.

Orders

  • The applicants’ application is dismissed.
  • The applicants are ordered to pay the respondent’s costs as between party and party, jointly and severally, the one paying the other to be absolved.