Sibanye Gold Limited t/a Sibanye Stillwater v Association of Mineworkers and Construction Union and Others (J68/2019)
Sibanye Gold Limited t/a Sibanye Stillwater v Association of Mineworkers and Construction Union and Others (J68/2019) [2019] ZALCJHB 188 (8 February 2019)
The court held that the special plea of res judicata was well-founded. The previous application under case number J4552/18, brought by the applicant to declare the strike unprotected, was dismissed on the merits due to insufficient evidence. The applicant did not file a replying affidavit or seek to supplement its papers at that time. The present application sought the same relief on the same cause of action, relying on similar evidence and arguments. The court found that the previous judgment was final and definitive, and the applicant was not entitled to a second opportunity to present impr…
Source excerpt
- Res Judicata
- Protected Strike
- Collective Agreement Extension
- Urgent Interdict
- Union Membership Verification