National Union of Mineworkers v Black Mountain- A division of Anglo Operations Ltd (C 380/2007) [2007] ZALC 207; (2007) 28 ILJ 2796 (LC) (2 August 2007)

National Union of Mineworkers v Black Mountain- A division of Anglo Operations Ltd (C 380/2007) [2007] ZALC 207; (2007) 28 ILJ 2796 (LC) (2 August 2007)

The court found that the applicant failed to make out a case for urgency as required by Rule 8 of the Labour Court Rules. The founding affidavit did not provide any explanation for the delay in bringing the application or why urgent relief was necessary. The applicant created its own urgency by waiting approximately three weeks after the lock-out notice before filing the application. The court emphasized that mere lip service to urgency requirements is insufficient and that applicants must provide detailed facts justifying the relaxation of the rules. As a result, the application was fatally defective and fell to be struck off the roll. The court also found that a costs order was...

Citation
[2007] ZALC 207
Parties
Applicant: National Union of Mineworkers; Respondent: Black Mountain – A division of Anglo Operations Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 August 2007
Case Number
C 380/2007
Procedural Posture
Urgent Application / Application to Strike Off Roll for Lack of Urgency
Outcome
Application struck off the roll with costs, including costs of two counsel.
Judges
Basson
Legal Topics
Lock Out, Urgency Requirements, Protected Strike, Condonation, Remuneration During Lockout
Labour Law Civil Procedure Lock Out Urgency Requirements Protected Strike Condonation Remuneration During Lockout

Case Brief

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Parties

National Union of Mineworkers

Applicant

Black Mountain – A division of Anglo Operations Limited

Respondent

Procedural Posture

Urgent Application / Application to Strike Off Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the lock-out notice issued by the respondent was valid and lawful.
  2. 2 Whether the lock-out was unprotected under section 68 of the Labour Relations Act.
  3. 3 Whether the application was urgent and justified departure from the normal rules.

Ratio Decidendi

The court found that the applicant failed to make out a case for urgency as required by Rule 8 of the Labour Court Rules. The founding affidavit did not provide any explanation for the delay in bringing the application or why urgent relief was necessary. The applicant created its own urgency by waiting approximately three weeks after the lock-out notice before filing the application. The court emphasized that mere lip service to urgency requirements is insufficient and that applicants must provide detailed facts justifying the relaxation of the rules. As a result, the application was fatally defective and fell to be struck off the roll. The court also found that a costs order was...

Court Disposition

Application struck off the roll with costs, including costs of two counsel.

Orders

  • The application is struck off the roll with costs, including the costs of two counsel.