NUM and Others v Impala Platinum Ltd and Another (J 1022/16) [2017] ZALCJHB 515; (2017) 38 ILJ 1370 (LC); [2017] 6 BLLR 628 (LC) (5 January 2017)

NUM and Others v Impala Platinum Ltd and Another (J 1022/16) [2017] ZALCJHB 515; (2017) 38 ILJ 1370 (LC); [2017] 6 BLLR 628 (LC) (5 January 2017)

The court found that Impala Platinum Ltd took reasonable steps to ensure the safety of the individual applicants and did not act unlawfully by failing to take disciplinary action against the AMCU members listed. The facts showed various interventions and mediation efforts over several years, culminating in a memorandum of understanding (MOU) that set out the final terms for the return to work of NUM shaft stewards. The MOU did not make disciplinary action a condition for return, and there was no evidence that safety deteriorated after its conclusion. Most NUM shaft stewards had returned to work, and only one remained in the employ of Impala Platinum Ltd as an alleged victim. The...

Citation
[2017] ZALCJHB 515
Parties
Applicant: National Union of Mineworkers; Applicant: Members listed in Annex 'A'; Respondent: Impala Platinum Ltd; Respondent: AMCU
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 January 2017
Case Number
J 1022/16
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed.
Judges
Van Niekerk
Legal Topics
Collective Bargaining, Disciplinary Proceedings, Breach of Employment Contract, Freedom of Association
Labour Law Civil Procedure Collective Bargaining Disciplinary Proceedings Breach of Employment Contract Freedom of Association

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Applicant

Members listed in Annex 'A'

Applicant

Impala Platinum Ltd

Respondent

AMCU

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the employer was obliged to institute disciplinary proceedings against AMCU members for alleged intimidation of NUM shaft stewards.
  2. 2 Whether the failure to take disciplinary action and provide a safe working environment constituted a breach of the employment contracts of the affected NUM shaft stewards.
  3. 3 Whether the employer took reasonable steps to ensure the safety of the individual applicants.

Ratio Decidendi

The court found that Impala Platinum Ltd took reasonable steps to ensure the safety of the individual applicants and did not act unlawfully by failing to take disciplinary action against the AMCU members listed. The facts showed various interventions and mediation efforts over several years, culminating in a memorandum of understanding (MOU) that set out the final terms for the return to work of NUM shaft stewards. The MOU did not make disciplinary action a condition for return, and there was no evidence that safety deteriorated after its conclusion. Most NUM shaft stewards had returned to work, and only one remained in the employ of Impala Platinum Ltd as an alleged victim. The...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.