Association for Mineworkers and Construction Union and Others v Anglo Gold Ashanti Limited and Others.
The majority held that section 66(2)(c) imports a proportionality assessment into the reasonableness inquiry for secondary strikes: the strike must have a possible direct or indirect effect on the primary employer’s business, and the nature and extent of the strike must be reasonable in relation to that effect. On the facts, the intended secondary strikes would have had no effect on the primary employer and would have been disproportionately harmful to the secondary employers, so the appeal succeeded only to the extent of setting aside the costs orders.
Source excerpt
- Secondary strikes
- Right to strike
- Proportionality
- Interdicts
- Lawfulness of strikes
- Mootness