UASA - The Union and Another v BHP Billiton Energy Coal South Africa and Another (JS1082/09) [2013] ZALCJHB 170 (1 August 2013)

UASA - The Union and Another v BHP Billiton Energy Coal South Africa and Another (JS1082/09) [2013] ZALCJHB 170 (1 August 2013)

The court held that the amendment sought by the applicants introduces a distinct legal and factual basis for contesting the validity of the agency shop agreement, specifically regarding the identity of the true employer of the applicants' members. This new basis requires the respondents to defend the agreement on two separate grounds. In the interests of fairness and procedural justice, the respondents must be given an opportunity to consider whether to oppose the amendment. The court found that the applicants could have expedited the process by applying to compel discovery and for postponement earlier, but given the circumstances, a postponement is warranted to allow proper ventilation...

Citation
[2013] ZALCJHB 170
Parties
Applicant: UASA-THE UNION; Applicant: ASSOCIATION OF MINEWORKERS AND CONSTRUCTION UNION; Respondent: BHP BILLITON ENERGY COAL SOUTH AFRICA; Respondent: NATIONAL UNION OF MINEWORKERS
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 August 2013
Case Number
JS1082/09
Procedural Posture
Trial Application / Application for Postponement Following Notice of Intention to Amend Pleadings
Outcome
The matter is postponed sine die to permit the respondents time to respond to the notice of amendment. The applicants are ordered to pay the wasted costs of the respondents occasioned by the postponement for today and tomorrow.
Judges
R Lagrange
Legal Topics
Agency Shop Agreement, Section 25 Lra, Workplace Definition, Amendment of Pleadings
Labour Law Civil Procedure Agency Shop Agreement Section 25 Lra Workplace Definition Amendment of Pleadings

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Parties

UASA-THE UNION

Applicant

ASSOCIATION OF MINEWORKERS AND CONSTRUCTION UNION

Applicant

BHP BILLITON ENERGY COAL SOUTH AFRICA

Respondent

NATIONAL UNION OF MINEWORKERS

Respondent

Procedural Posture

Trial Application / Application for Postponement Following Notice of Intention to Amend Pleadings

Legal Issues

  1. 1 Whether the applicants may amend their statement of case to introduce a new legal and factual basis for challenging the agency shop agreement.
  2. 2 Whether the agency shop agreement is invalid due to the true identity of the employer of the applicants' members.
  3. 3 Whether the respondents should be afforded time to consider and oppose the amendment.

Ratio Decidendi

The court held that the amendment sought by the applicants introduces a distinct legal and factual basis for contesting the validity of the agency shop agreement, specifically regarding the identity of the true employer of the applicants' members. This new basis requires the respondents to defend the agreement on two separate grounds. In the interests of fairness and procedural justice, the respondents must be given an opportunity to consider whether to oppose the amendment. The court found that the applicants could have expedited the process by applying to compel discovery and for postponement earlier, but given the circumstances, a postponement is warranted to allow proper ventilation...

Court Disposition

The matter is postponed sine die to permit the respondents time to respond to the notice of amendment. The applicants are ordered to pay the wasted costs of the respondents occasioned by the postponement for today and tomorrow.

Orders

  • The matter is postponed sine die to permit the respondents time to respond to the notice of amendment.
  • The applicants must pay the wasted costs of the respondents occasioned by the postponement for today and tomorrow.