National Union of Mineworkers v Black Mountain Mineral Development Company (Pty) Ltd. (705/94) [1997] ZASCA 21; 1997 (4) SA 51 (SCA); [1997] 2 All SA 595 (A); [1997] 4 BLLR 355 (A); (1997) 18 ILJ 439 (SCA) (25 March 1997)

National Union of Mineworkers v Black Mountain Mineral Development Company (Pty) Ltd. (705/94) [1997] ZASCA 21; 1997 (4) SA 51 (SCA); [1997] 2 All SA 595 (A); [1997] 4 BLLR 355 (A); (1997) 18 ILJ 439 (SCA) (25 March 1997)

The court held that the dismissals did not constitute an unfair labour practice. The employer's ultimatum was justified given the duration of the strike, the lack of progress in negotiations, and the real economic hardship faced by the mine. The employer had taken all practicable measures to mitigate the impact of the strike and had not acted in bad faith or with improper motive. The refusal to backdate the wage offer was a legitimate bargaining tactic, not motivated by a desire to punish the strikers. The court found that, on the probabilities, backdating the offer would not have resolved the dispute, as the strikers were unwilling to accept the employer's terms. The inquiry into...

Citation
[1997] ZASCA 21
Parties
Appellant: National Union of Mineworkers; Respondent: Black Mountain Mineral Development Company (Pty) Ltd.
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 March 1997
Case Number
705/94
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court; Judgment on Merits
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Mahomed, F H Grosskopf, Nienaber, Marais, Scott
Legal Topics
Unfair Labour Practice, Strike Action, Dismissal of Striking Workers, Collective Bargaining, Compensation for Dismissal
Labour Law Unfair Labour Practice Strike Action Dismissal of Striking Workers Collective Bargaining Compensation for Dismissal

Case Brief

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Parties

National Union of Mineworkers

Appellant

Black Mountain Mineral Development Company (Pty) Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court; Judgment on Merits

Legal Issues

  1. 1 Whether the dismissal of employees engaged in a lawful strike constituted an unfair labour practice under the Labour Relations Act.
  2. 2 Whether the employer's ultimatum and subsequent refusal to backdate the wage offer rendered the dismissals substantively unfair.
  3. 3 Whether the employer's conduct during negotiations and at the time of dismissal was motivated by improper or punitive considerations.

Ratio Decidendi

The court held that the dismissals did not constitute an unfair labour practice. The employer's ultimatum was justified given the duration of the strike, the lack of progress in negotiations, and the real economic hardship faced by the mine. The employer had taken all practicable measures to mitigate the impact of the strike and had not acted in bad faith or with improper motive. The refusal to backdate the wage offer was a legitimate bargaining tactic, not motivated by a desire to punish the strikers. The court found that, on the probabilities, backdating the offer would not have resolved the dispute, as the strikers were unwilling to accept the employer's terms. The inquiry into...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, such costs to include those occasioned by the employment of two counsel.