National Union of Mineworkers obo Members v Wanli Stone Belfast (Pty) Ltd (JS 36/2008) [2013] ZALCJHB 99 (10 April 2013)

National Union of Mineworkers obo Members v Wanli Stone Belfast (Pty) Ltd (JS 36/2008) [2013] ZALCJHB 99 (10 April 2013)

The Court found that the applicants participated in an unprotected strike, wilfully disregarded a valid court order interdicting the strike, and ignored multiple clear ultimata and opportunities to return to work. No credible evidence was presented to support the claim that the applicants held a bona fide belief that the strike was protected, nor that the union made any meaningful attempt to intervene or comply with the Labour Relations Act. The only witness for the applicants was found to be evasive and unreliable. The procedural fairness of the dismissal was conceded by the applicants. The Court held that the seriousness of the contravention, the wilful disregard of the court order, and...

Citation
[2013] ZALCJHB 99
Parties
Applicant: National Union of Mineworkers on behalf of Members; Respondent: Wanli Stone Belfast (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 April 2013
Case Number
JS 36/2008
Procedural Posture
Labour Dismissal / Trial Judgment
Outcome
The claim is dismissed. The dismissal of the applicants was substantively and procedurally fair. The National Union of Mineworkers is ordered to pay the costs.
Judges
AC Basson
Legal Topics
Unprotected Strike, Dismissal for Misconduct, Procedural Fairness, Substantive Fairness, Refusal to Bargain, Court Order Disobedience
Labour Law Unprotected Strike Dismissal for Misconduct Procedural Fairness Substantive Fairness Refusal to Bargain Court Order Disobedience

Case Brief

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Parties

National Union of Mineworkers on behalf of Members

Applicant

Wanli Stone Belfast (Pty) Ltd

Respondent

Procedural Posture

Labour Dismissal / Trial Judgment

Legal Issues

  1. 1 Was the dismissal of the individual applicants for participation in an unprotected strike substantively and procedurally fair?
  2. 2 Did the applicants wilfully disregard a valid court order interdicting the strike?
  3. 3 Did the applicants or their union make bona fide attempts to comply with the Labour Relations Act before embarking on the strike?

Ratio Decidendi

The Court found that the applicants participated in an unprotected strike, wilfully disregarded a valid court order interdicting the strike, and ignored multiple clear ultimata and opportunities to return to work. No credible evidence was presented to support the claim that the applicants held a bona fide belief that the strike was protected, nor that the union made any meaningful attempt to intervene or comply with the Labour Relations Act. The only witness for the applicants was found to be evasive and unreliable. The procedural fairness of the dismissal was conceded by the applicants. The Court held that the seriousness of the contravention, the wilful disregard of the court order, and...

Court Disposition

The claim is dismissed. The dismissal of the applicants was substantively and procedurally fair. The National Union of Mineworkers is ordered to pay the costs.

Orders

  • The dismissal of the applicants was substantively and procedurally fair.
  • The claim is dismissed.