PTAWU obo Khoza and Others v New Kleinfontein Goldmine (Pty) Ltd (JS766/12) [2016] ZALCJHB 380 (4 October 2016)

PTAWU obo Khoza and Others v New Kleinfontein Goldmine (Pty) Ltd (JS766/12) [2016] ZALCJHB 380 (4 October 2016)

The court found that the applicants' strike was unprotected as it was primarily in support of wage demands, not organisational rights. The dismissals were both procedurally and substantively fair, with the applicants failing to provide evidence that the ultimatum and interim court order were not properly served or that they were prevented from making representations due to the access system. The union's membership figures were irrelevant as the dispute was not pursued for organisational rights. The applicants did not establish any reasonable prospect of success on appeal, and the application for leave to appeal was dismissed with costs.

Citation
[2016] ZALCJHB 380
Parties
Applicant: PTAWU obo Khoza, Bongani & 1054 Others; Respondent: New Kleinfontein Goldmine (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 October 2016
Case Number
JS766/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Dismissal for Unprotected Strike
Outcome
Application for leave to appeal dismissed with costs.
Judges
Lagrange
Legal Topics
Unprotected Strike, Procedural Fairness, Organisational Rights, Dismissal, Reasonable Prospect of Success
Labour Law Unprotected Strike Procedural Fairness Organisational Rights Dismissal Reasonable Prospect of Success

Case Brief

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Parties

PTAWU obo Khoza, Bongani & 1054 Others

Applicant

New Kleinfontein Goldmine (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Dismissal for Unprotected Strike

Legal Issues

  1. 1 Whether the strike was protected or unprotected under the Labour Relations Act.
  2. 2 Whether the dismissals of the applicants were procedurally and substantively fair.
  3. 3 Whether the ultimatum and interim court order were properly served on the strikers.

Ratio Decidendi

The court found that the applicants' strike was unprotected as it was primarily in support of wage demands, not organisational rights. The dismissals were both procedurally and substantively fair, with the applicants failing to provide evidence that the ultimatum and interim court order were not properly served or that they were prevented from making representations due to the access system. The union's membership figures were irrelevant as the dispute was not pursued for organisational rights. The applicants did not establish any reasonable prospect of success on appeal, and the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.