National Union of Mineworkers v Petra Diamonds t/a Cullinan Diamond Mine (Pty) Ltd (J1607/17)
National Union of Mineworkers v Petra Diamonds t/a Cullinan Diamond Mine (Pty) Ltd (J1607/17) [2017] ZALCJHB 304 (25 August 2017)
The applicant failed to establish a clear right to have its official represent the employee at the disciplinary hearing, as the respondent's policy lawfully restricts representation to employees or shop stewards employed by the company. No exceptional circumstances were shown to justify the Labour Court's intervention in incomplete disciplinary proceedings. The applicant did not demonstrate irreparable harm, as the employee retained the right to representation by a NUM shop steward and remained suspended on full pay. Alternative remedies, including referral to the CCMA, were available and alr…
Source excerpt
- Union Representation In Disciplinary Hearings
- Urgent Interdict
- Disciplinary Code And Procedure
- Alternative Remedies
- Costs Award