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Labour Law [2019] ZALCJHB 158

UASA and Others v Western Platinum Limited and Others (J1338/19)

UASA and Others v Western Platinum Limited and Others (J1338/19) [2019] ZALCJHB 158; (2019) 40 ILJ 2405 (LC); [2019] 11 BLLR 1283 (LC) (24 June 2019)

The court found that the agency shop agreement between AMCU and Lonmin did not expressly provide that employees who are not members of AMCU are not compelled to become members of AMCU, as required by section 25(3)(a) of the LRA. The agreement only exempted employees who are not members of any trade union, failing to include those who are members of minority unions. Relying on the Supreme Court of Appeal's decision in Greathead v SACCAWU, the court held that strict compliance with statutory formalities is required for agency shop agreements, and substantial compliance is insufficient. As the a…

  • Agency Shop Agreement
  • Statutory Formality
  • Collective Agreement Interpretation
  • Freedom Of Association
  • Refund Of Deductions
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