NUMSA obo Members v Aveng Trident Steel (a division of Aveng Africa (Pty) Ltd) (J864/15) [2015] ZALCJHB 155 (21 May 2015)

NUMSA obo Members v Aveng Trident Steel (a division of Aveng Africa (Pty) Ltd) (J864/15) [2015] ZALCJHB 155 (21 May 2015)

The court found that the dismissals of 24 April 2015 were the culmination of a lengthy and facilitated consultation process that commenced with the section 189(3) notice issued in May 2014. The process involved the CCMA, consideration of alternatives, and ongoing engagement between the parties. Although the union argued that the process had ended in October 2014, the evidence showed that consultations continued into April 2015, including negotiations on the five grade structure and transport allowance. The court held that the dismissals were not effected pursuant to the 1 April 2015 notice, which related to a separate process. The procedural requirements of section 189A were met, and the...

Citation
[2015] ZALCJHB 155
Parties
Applicant: NUMSA Obo Members; Respondent: Aveng Trident Steel (a division of Aveng Africa (Pty) Ltd)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 May 2015
Case Number
J864/15
Procedural Posture
Urgent Application / Application Under S 189 A(13) of the LRA to Compel Reinstatement and Compliance With Fair Procedure
Outcome
Application dismissed.
Judges
A J Steenkamp
Legal Topics
Retrenchment Procedure, Section 189a Consultation, Procedural Fairness, Facilitation by Ccma, Reinstatement, Costs Award
Labour Law Civil Procedure Retrenchment Procedure Section 189a Consultation Procedural Fairness Facilitation by Ccma Reinstatement Costs Award

Case Brief

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Parties

NUMSA Obo Members

Applicant

Aveng Trident Steel (a division of Aveng Africa (Pty) Ltd)

Respondent

Procedural Posture

Urgent Application / Application Under S 189 A(13) of the LRA to Compel Reinstatement and Compliance With Fair Procedure

Legal Issues

  1. 1 Whether the employer complied with the procedural requirements of section 189A of the Labour Relations Act before dismissing employees for operational requirements.
  2. 2 Whether the dismissals of 24 April 2015 were effected pursuant to a proper consultation process.
  3. 3 Whether the union's members are entitled to reinstatement pending a facilitated consultation process.

Ratio Decidendi

The court found that the dismissals of 24 April 2015 were the culmination of a lengthy and facilitated consultation process that commenced with the section 189(3) notice issued in May 2014. The process involved the CCMA, consideration of alternatives, and ongoing engagement between the parties. Although the union argued that the process had ended in October 2014, the evidence showed that consultations continued into April 2015, including negotiations on the five grade structure and transport allowance. The court held that the dismissals were not effected pursuant to the 1 April 2015 notice, which related to a separate process. The procedural requirements of section 189A were met, and the...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.