Rustenburg Base Metal Refiners (Pty) Ltd and Another v National Union of Mineworkers and Others (JA34/2002) [2003] ZALAC 23 (23 December 2003)

Rustenburg Base Metal Refiners (Pty) Ltd and Another v National Union of Mineworkers and Others (JA34/2002) [2003] ZALAC 23 (23 December 2003)

The Labour Appeal Court held that the order granted by Zilwa AJ did not interdict the unions from referring disputes to the CCMA for conciliation, nor did it prohibit the unions from taking any steps regarding those disputes. The only conduct interdicted by Zilwa AJ's order was the CCMA holding conciliation proceedings in respect of specific case numbers. The disputes referred under new case numbers were not shown to be covered by the previous order. The application for a further interdict was therefore misconceived, and the appropriate remedy for any breach of a court order is contempt proceedings, not a fresh interdict. The appeal was dismissed with costs.

Citation
[2003] ZALAC 23
Parties
Appellant: Rustenburg Base Metal Refiners (Pty) Ltd; Appellant: Precious Metals Refiners (Pty) Ltd; Respondent: National Union of Mineworkers; Respondent: National Union of Metal Workers of South Africa; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
23 December 2003
Case Number
JA34/2002
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Urgent Application
Outcome
Appeal dismissed with costs.
Judges
Zondo JP, Davis AJA, Jafta AJA
Legal Topics
Interdict Proceedings, Medical Aid Scheme Change, Urgent Application, Contempt of Court, Employment Contracts
Labour Law Civil Procedure Interdict Proceedings Medical Aid Scheme Change Urgent Application Contempt of Court Employment Contracts

Case Brief

Summary, issues, holding and outcome

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Parties

Rustenburg Base Metal Refiners (Pty) Ltd

Appellant

Precious Metals Refiners (Pty) Ltd

Appellant

National Union of Mineworkers

Respondent

National Union of Metal Workers of South Africa

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Urgent Application

Legal Issues

  1. 1 Whether the disputes referred to the CCMA by the unions were covered by the previous interdict granted by Zilwa AJ.
  2. 2 Whether the unions or the CCMA breached Zilwa AJ's order by referring or conciliating the disputes.
  3. 3 Whether the Labour Court erred in dismissing the urgent application for an interdict against the unions and the CCMA.

Ratio Decidendi

The Labour Appeal Court held that the order granted by Zilwa AJ did not interdict the unions from referring disputes to the CCMA for conciliation, nor did it prohibit the unions from taking any steps regarding those disputes. The only conduct interdicted by Zilwa AJ's order was the CCMA holding conciliation proceedings in respect of specific case numbers. The disputes referred under new case numbers were not shown to be covered by the previous order. The application for a further interdict was therefore misconceived, and the appropriate remedy for any breach of a court order is contempt proceedings, not a fresh interdict. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellants are ordered to pay the first and second respondents' costs jointly and severally, the one paying the other to be absolved.