Rustenburg Base Metal Refiners (Pty) Limited and Another v National Union of Mineworkers and Others (J2397/02) [2002] ZALC 152; [2002] 11 BLLR 1097 (LC); (2002) 23 ILJ 1891 (LC) (27 June 2002)

Rustenburg Base Metal Refiners (Pty) Limited and Another v National Union of Mineworkers and Others (J2397/02) [2002] ZALC 152; [2002] 11 BLLR 1097 (LC); (2002) 23 ILJ 1891 (LC) (27 June 2002)

The Labour Court lacks jurisdiction to order specific performance of the ERPA or to interdict the CCMA from entertaining the dispute, as disputes about the interpretation or application of a collective agreement must be resolved by arbitration under section 24 of the LRA. The unions are entitled to choose either the domestic dispute resolution procedure or the statutory procedure under section 64(1) of the LRA to pursue protected strike action. The referrals made by the unions do not constitute contempt of the previous order, as the subject matter and demands differ, and there is no evidence of abuse or manipulation to circumvent the court's order. Judicial intervention to prevent the...

Citation
[2002] ZALC 152
Parties
Applicant: Rustenburg Base Metal Refiners (Pty) Limited; Applicant: Precious Metals Refiners (Pty) Limited; Respondent: National Union of Mineworkers; Respondent: National Union of Metalworkers of South Africa; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 June 2002
Case Number
J2397/02
Procedural Posture
Urgent Application / Final Judgment Following Urgent Application for Declaratory and Interdictory Relief
Outcome
Application dismissed with costs.
Judges
Roland Sutherland
Legal Topics
Collective Agreements, Specific Performance, Protected Strike, Jurisdiction of Labour Court, Conciliation Proceedings
Labour Law Civil Procedure Collective Agreements Specific Performance Protected Strike Jurisdiction of Labour Court Conciliation Proceedings

Case Brief

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Parties

Rustenburg Base Metal Refiners (Pty) Limited

Applicant

Precious Metals Refiners (Pty) Limited

Applicant

National Union of Mineworkers

Respondent

National Union of Metalworkers of South Africa

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Urgent Application / Final Judgment Following Urgent Application for Declaratory and Interdictory Relief

Legal Issues

  1. 1 Whether the unions breached the Employee Relations Policy Agreement (ERPA) by referring the medical aid dispute to the CCMA before exhausting domestic procedures.
  2. 2 Whether the Labour Court has jurisdiction to order specific performance of the ERPA or to interdict the CCMA from entertaining the dispute.
  3. 3 Whether the unions were in contempt of a previous court order (Zilwa AJ) by referring similar disputes to the CCMA.

Ratio Decidendi

The Labour Court lacks jurisdiction to order specific performance of the ERPA or to interdict the CCMA from entertaining the dispute, as disputes about the interpretation or application of a collective agreement must be resolved by arbitration under section 24 of the LRA. The unions are entitled to choose either the domestic dispute resolution procedure or the statutory procedure under section 64(1) of the LRA to pursue protected strike action. The referrals made by the unions do not constitute contempt of the previous order, as the subject matter and demands differ, and there is no evidence of abuse or manipulation to circumvent the court's order. Judicial intervention to prevent the...

Court Disposition

Application dismissed with costs.

Orders

  • The urgent application is dismissed with costs.