Samancor Ltd and Another v National Union of Metal Workers of South Africa (J2805/99) [1999] ZALC 111 (23 July 1999)

Samancor Ltd and Another v National Union of Metal Workers of South Africa (J2805/99) [1999] ZALC 111 (23 July 1999)

The court found that the secondary strike at Manganese Metal Co. was unprotected because it could not have any direct or indirect effect on the business of Columbus Steel JV, the primary employer. The mere nexus between Manganese Metal Co. and Columbus, via Samancor's shareholding, was insufficient to justify secondary action. In contrast, the secondary strike at Samancor's chrome mines and alloy plants was found to have a possible direct or indirect effect on Columbus, given Samancor's role as a major supplier and shareholder. However, the court limited the protection of the secondary strike at Samancor to specific operations and days, finding that reasonableness and proportionality...

Citation
[1999] ZALC 111
Parties
Applicant: Samancor Ltd; Applicant: Manganese Metal Co. (Pty) Ltd; Respondent: National Union of Metal Workers of South Africa
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 July 1999
Case Number
J2805/99
Procedural Posture
Urgent Application / Return Day of Rule Nisi; Final Interdict and Declaratory Relief
Outcome
Final interdict granted in part; secondary strike at Manganese Metal Co. declared unprotected; secondary strike at Samancor's metal alloy works declared unprotected and unlawful; secondary strike at Samancor's Ferro Chrome, Ferro Metals, and Palmiet works declared protected but limited to Mondays and Tuesdays;...
Judges
A A Landman
Legal Topics
Secondary Strike, Reasonableness and Proportionality, Protected Strike, Interdict, Collective Bargaining
Labour Law Civil Procedure Secondary Strike Reasonableness and Proportionality Protected Strike Interdict Collective Bargaining

Case Brief

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Parties

Samancor Ltd

Applicant

Manganese Metal Co. (Pty) Ltd

Applicant

National Union of Metal Workers of South Africa

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi; Final Interdict and Declaratory Relief

Legal Issues

  1. 1 Whether the secondary strike by NUMSA members at Samancor and Manganese Metal Co. was protected under the Labour Relations Act.
  2. 2 Whether the secondary strike met the requirements of reasonableness and proportionality in relation to its effect on the business of Columbus Steel JV.
  3. 3 Whether the secondary strike at Manganese Metal Co. could have any direct or indirect effect on the business of Columbus Steel JV.

Ratio Decidendi

The court found that the secondary strike at Manganese Metal Co. was unprotected because it could not have any direct or indirect effect on the business of Columbus Steel JV, the primary employer. The mere nexus between Manganese Metal Co. and Columbus, via Samancor's shareholding, was insufficient to justify secondary action. In contrast, the secondary strike at Samancor's chrome mines and alloy plants was found to have a possible direct or indirect effect on Columbus, given Samancor's role as a major supplier and shareholder. However, the court limited the protection of the secondary strike at Samancor to specific operations and days, finding that reasonableness and proportionality...

Court Disposition

Final interdict granted in part; secondary strike at Manganese Metal Co. declared unprotected; secondary strike at Samancor's metal alloy works declared unprotected and unlawful; secondary strike at Samancor's Ferro Chrome, Ferro Metals, and Palmiet works declared protected but limited to Mondays and Tuesdays;...

Orders

  • In relation to the second applicant, a final order is granted declaring the proposed secondary strike by the respondents to be unprotected.
  • The respondents are interdicted and restrained from participating in, promoting or inciting the strike or industrial action against the second applicant.