National Union of Mineworkers v Black Mountain - A Division of Anglo Operations Ltd (C380/2007) [2007] ZALCCT 11 (2 August 2007)

National Union of Mineworkers v Black Mountain - A Division of Anglo Operations Ltd (C380/2007) [2007] ZALCCT 11 (2 August 2007)

The court found that the applicant failed to comply with the requirements for urgent relief under Rule 8 of the Labour Court Rules. The founding affidavit did not provide any explanation for urgency or for the delay in bringing the application, which was filed approximately three weeks after the lock-out notice was issued. The applicant's conduct amounted to creating its own urgency, which is impermissible. The application was fatally defective and did not justify a departure from the normal rules. Consequently, the application was struck off the roll for lack of urgency. In respect of costs, the court exercised its discretion and awarded costs against the applicant, including the costs...

Citation
[2007] ZALCCT 11
Parties
Applicant: National Union of Mineworkers; Respondent: Black Mountain – A Division of Anglo Operations Limited
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
2 August 2007
Case Number
C380/2007
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
Lockout Legality, Urgency in Labour Court, Protected Strike, Rule 8 Labour Court, Costs Award
Labour Law Civil Procedure Lockout Legality Urgency in Labour Court Protected Strike Rule 8 Labour Court Costs Award

Case Brief

Summary, issues, holding and outcome

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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 under the Labour Relations Act.
  2. 2 Whether the lock-out was unprotected under section 68 of the Labour Relations Act.
  3. 3 Whether the applicant made out a case for urgent relief as required by Rule 8 of the Labour Court Rules.

Ratio Decidendi

The court found that the applicant failed to comply with the requirements for urgent relief under Rule 8 of the Labour Court Rules. The founding affidavit did not provide any explanation for urgency or for the delay in bringing the application, which was filed approximately three weeks after the lock-out notice was issued. The applicant's conduct amounted to creating its own urgency, which is impermissible. The application was fatally defective and did not justify a departure from the normal rules. Consequently, the application was struck off the roll for lack of urgency. In respect of costs, the court exercised its discretion and awarded costs against the applicant, including the costs...

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.