Tawusa and Alliance Comprising of Stemcwu v Anglo Platinum Ltd (J109/09)
Tawusa and Alliance Comprising of Stemcwu v Anglo Platinum Ltd (J109/09) [2009] ZALCJHB 78 (23 January 2009)
The court held that the respondent was entitled to terminate the collective agreement by giving reasonable notice, as provided by section 23(4) of the Labour Relations Act. The applicants failed to establish a clear right to the relief sought, as the agreement could be lawfully terminated and the applicants had an alternative remedy through the CCMA. The failure to join majority unions, who were directly affected, was fatal to the application. Granting the interdict would amount to compelling the respondent to continue a collective bargaining relationship against its will, which is not suppor…
Source excerpt
- Collective Agreements
- Termination Of Organisational Rights
- Reasonable Notice
- Minority Union Rights