Solidarity v Sasol Mining (PTY) Ltd and Others (J 638/2022) [2022] ZALCJHB 163 (20 June 2022)

Solidarity v Sasol Mining (PTY) Ltd and Others (J 638/2022) [2022] ZALCJHB 163 (20 June 2022)

The court found that the agreement reached between the parties on 1 April 2022, which was made an order of court on 5 April 2022, expressly preserved the applicant’s organisational and collective bargaining rights pending the outcome of the CCMA advisory arbitration award or the expiry of four months from 13 April 2022, whichever occurred first. The respondent’s contention that the agreement was conditional on the applicant maintaining the 23% representativity threshold was rejected, as this was neither an express nor tacit term of the agreement. The court further held that the respondent’s reliance on a six-month transitional period as constituting the required 90 days’ notice was...

Citation
[2022] ZALCJHB 163
Parties
Applicant: Solidarity; Respondent: Sasol Mining (PTY) Ltd; Respondent: Chemical, Energy, Paper, Printing, Wood and Allied Workers’ Union (CEPPWAWU); Respondent: South African Chemical Workers Union (SACWU); Respondent: Association of Mineworkers and Construction Union (AMCU); Respondent: National Union of Mineworkers (NUM)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 June 2022
Case Number
J 638/2022
Procedural Posture
Urgent Application / Application for Urgent Declaratory and Interdictory Relief
Outcome
Application granted. Declaratory and interdictory relief issued in favour of the applicant.
Judges
Van Niekerk
Legal Topics
Union Recognition, Collective Bargaining Rights, Interim Interdict, Urgent Application, Notice of Derecognition
Labour Law Civil Procedure Union Recognition Collective Bargaining Rights Interim Interdict Urgent Application Notice of Derecognition

Case Brief

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Parties

Solidarity

Applicant

Sasol Mining (PTY) Ltd

Respondent

Chemical, Energy, Paper, Printing, Wood and Allied Workers’ Union (CEPPWAWU)

Respondent

South African Chemical Workers Union (SACWU)

Respondent

Association of Mineworkers and Construction Union (AMCU)

Respondent

National Union of Mineworkers (NUM)

Respondent

Procedural Posture

Urgent Application / Application for Urgent Declaratory and Interdictory Relief

Legal Issues

  1. 1 Whether the notice of derecognition issued by the first respondent is valid and enforceable.
  2. 2 Whether the agreement reached between the parties on 1 April 2022, made an order of court, precludes derecognition pending the CCMA dispute outcome or expiry of four months from 13 April 2022.
  3. 3 Whether the applicant was entitled to 90 days’ notice prior to derecognition.

Ratio Decidendi

The court found that the agreement reached between the parties on 1 April 2022, which was made an order of court on 5 April 2022, expressly preserved the applicant’s organisational and collective bargaining rights pending the outcome of the CCMA advisory arbitration award or the expiry of four months from 13 April 2022, whichever occurred first. The respondent’s contention that the agreement was conditional on the applicant maintaining the 23% representativity threshold was rejected, as this was neither an express nor tacit term of the agreement. The court further held that the respondent’s reliance on a six-month transitional period as constituting the required 90 days’ notice was...

Court Disposition

Application granted. Declaratory and interdictory relief issued in favour of the applicant.

Orders

  • The application is considered and dealt with as a matter of urgency in terms of Rule 8 of the Rules of this court.
  • It is declared that the notice of intended derecognition of the applicant given in the first respondent’s letter dated 19 May 2022 is invalid and of no legal force and effect.