National Union of Mineworkers v Hernic Exploration (Pty) Ltd (J1091/99) [2000] ZALC 131; [2001] 2 BLLR 209 (LC); (2001) 22 ILJ 203 (LC) (16 November 2000)

National Union of Mineworkers v Hernic Exploration (Pty) Ltd (J1091/99) [2000] ZALC 131; [2001] 2 BLLR 209 (LC); (2001) 22 ILJ 203 (LC) (16 November 2000)

The court held that for disputes about unfair dismissals, section 191 of the Labour Relations Act governs the procedure. The decisive date for the 90-day referral period is when the commissioner certifies that the dispute remains unresolved, not the expiry of the 30-day conciliation period. The applicant's referral was within the prescribed period and did not require condonation. However, the applicant union failed to cite or identify its dismissed members as parties in both the referral to the CCMA and the statement of claim before the Labour Court. Section 200 permits a trade union to act on behalf of its members only if those members are parties to the proceedings. The absence of...

Citation
[2000] ZALC 131
Parties
Applicant: National Union of Mineworkers; Respondent: Hernic Exploration (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
16 November 2000
Case Number
J1091/99
Procedural Posture
Labour Court Application / Points in Limine and Merits
Outcome
The respondent's first point in limine is dismissed; the second point in limine is upheld; the applicant's referral is dismissed; no order as to costs is made.
Judges
Francis AJ
Legal Topics
Unfair Dismissal, Locus Standi, Conciliation Referral Requirements, Trade Union Representation
Labour Law Unfair Dismissal Locus Standi Conciliation Referral Requirements Trade Union Representation

Case Brief

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Parties

National Union of Mineworkers

Applicant

Hernic Exploration (Pty) Ltd

Respondent

Procedural Posture

Labour Court Application / Points in Limine and Merits

Legal Issues

  1. 1 Whether the applicant's referral to the Labour Court was timeous and required condonation.
  2. 2 Whether the applicant union had locus standi to bring the proceedings without citing its dismissed members as parties.
  3. 3 Whether the referral to conciliation and adjudication complied with section 191(1) and section 200 of the Labour Relations Act.

Ratio Decidendi

The court held that for disputes about unfair dismissals, section 191 of the Labour Relations Act governs the procedure. The decisive date for the 90-day referral period is when the commissioner certifies that the dispute remains unresolved, not the expiry of the 30-day conciliation period. The applicant's referral was within the prescribed period and did not require condonation. However, the applicant union failed to cite or identify its dismissed members as parties in both the referral to the CCMA and the statement of claim before the Labour Court. Section 200 permits a trade union to act on behalf of its members only if those members are parties to the proceedings. The absence of...

Court Disposition

The respondent's first point in limine is dismissed; the second point in limine is upheld; the applicant's referral is dismissed; no order as to costs is made.

Orders

  • The respondent's first point in limine is dismissed.
  • The respondent's second point in limine is upheld.