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Chamber of Mines of South Africa v AMCU and

2014-1-30  Chamber of Mines of South Africa v AMCU and Others (J 99/14) [2014] ZALCJHB 13; [2014] 3 BLLR 258 (LC) (30 January 2014) Download original files. PDF format. RTF format. REPUBLIC OF SOUTH AFRICA. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG. JUDGMENT. Reportable. Case no: J 99/14.

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South Africa: Constitutional Court - SAFLII

Neutral citation: Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others [2017] ZACC 3. Coram: Nkabinde ACJ, Cameron J, Froneman J, Jafta J, Madlanga J, Mbha AJ, Mhlantla J and Zondo J. Judgments: Cameron J

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Association of Mineworkers and Construction Union

2017-12-5  Association of Mineworks and Construction Union v Chamber of Mines of South Africa and Others, Unreported Labour Court case no: JS611/16 handed down 15 December 2016. [10] Page 38 to 39, paras 10.1 to 10.6.

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Association of Mineworkers and ... - News South

2017-2-22  Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others (CCT87/16) [2017] ZACC 3 . Close ... But if the workplace was each mining organisation as a whole, with individual mines included, then AMCU

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Employment law update - Chamber of Mines obo

2014-9-1  By Moksha Naidoo. The Chamber of Mines, a registered employers’ organisation, launched an urgent application seeking to interdict the members of the first respondent, the Association of Mineworkers and Construction Union (Amcu), from engaging in industrial action in

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Chamber Of Mines Of South Africa obo Harmony

Chamber Of Mines Of South Africa obo Harmony Gold Mining Company Ltd and Others v Association Of Mineworkers Of SA and Others; In Re: Association Of Mineworkers And Construction Union and Others v Chamber Of Mines Of South Africa obo Harmony Gold Mining Company Ltd and Others (J99/14) [2014] ZALCJHB 223; [2014] 9 BLLR 895 (LC); 2014 (11) BCLR 1369 (LC); (2014) 35 ILJ 3111 (LC) (23

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South Africa: Constitutional Court - SAFLII

AMCU I above n 7 at fn 55 and the International Labour Organisation instruments cited there.See also Budlender “Industrial Relations and Collective Bargaining: Trends and Developments in South Africa” (2009) International Labour Organisation 1 and Hayter et al “Collective Bargaining for the 21 st Century” (2011) 53 Journal of Industrial Relations 225, but compare with Katz “The ...

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Standing Up To The Majority - Employment and HR -

2018-8-2  The Constitutional Court in Association of Mineworkers and Construction Union ("AMCU") and Others v Chamber of Mines of South Africa and Others found that the policy objective of promoting orderly collective bargaining, and the policy of majoritarianism, underpinned section 23(1)(d) and therefore constituted a valid justification for the ...

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Organisational rights in the workplace and the ...

2019-3-29  It was held in Chamber of Mines of South Africa obo Harmony Gold Mining Company Ltd and another v AMCU and Others (2014) 3 BLLR 258 (LC) “a workplace as defined in the LRA referred to the entire workplace and is not limited to a bargaining unit.” Therefore, an Employer must first consider the membership across the workplace as well as ...

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South Africa: Johannesburg Labour Court, Johannesburg

The Respondents rely on the LAC judgment in Association of Mineworkers and Construction Union and others v Chamber of Mines of SA acting in its own name and on behalf of Harmony Gold Mining Co (Pty) Ltd and others (AMCU v COM) [12] where the LAC has held that section 23(1)(d) is a manifestation of the principle of majoritarianism and that:

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In the recent case of Chamber of Mines of South

In the recent case of Chamber of Mines of South Africa v AMCU others (Labour Court case no. J99/14, judgment dated 30 January 2014), a collective agreement signed by the Chamber, on behalf of various mining companies, and three trade unions was extended to cover employees who were not members of these unions (including those employees who were members of AMCU) at all of the mines falling ...

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Employment law update - Chamber of Mines obo

2014-9-1  By Moksha Naidoo. The Chamber of Mines, a registered employers’ organisation, launched an urgent application seeking to interdict the members of the first respondent, the Association of Mineworkers and Construction Union (Amcu), from engaging in industrial action in

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041089 WERKSMANS right to strike

2018-12-12  matter of Chamber of Mines of South Africa and Others v AMCU and Others 1, was once again called upon to consider a series of complex issues which invariably arise within the context of the right to strike. 1 Chamber of Mines of South Africa and Others v AMCU and Others [2014] ZALCJHB 13

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South Africa: Johannesburg Labour Court, Johannesburg

The Respondents rely on the LAC judgment in Association of Mineworkers and Construction Union and others v Chamber of Mines of SA acting in its own name and on behalf of Harmony Gold Mining Co (Pty) Ltd and others (AMCU v COM) [12] where the LAC has held that section 23(1)(d) is a manifestation of the principle of majoritarianism and that:

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(PDF) Defeating the anomaly of the cautionary rule

Union v The Hub (supra), AMCU v Chamber of Mines of South Africa supra. par 30-31) In terms of the definition in sectio n 213, the criterion to determine if.

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CONSTITUTIONAL COURT OF SOUTH AFRICA

2020-1-29  7 Association of Mineworkers and Construction Union v Chamber of Mines of South Africa [2017] ZACC 3; 2017 (3) SA 242 (CC); 2017 (6) BCLR 700 (CC) (AMCU I). 8 Id at para 67. 9 In their application for leave to appeal the applicants made reference to numerous other rights in the Bill of

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Employment law tips for the mining sector - HR Future

2017-3-17  The Constitutional Court (in the matter of Association of Mineworkers and Construction Union (AMCU) and Others v the Chamber of Mines of South Africa and Others1) has recently handed down an important judgment related to employment law. The judgment is likely to be of particular interest to the mining sector and companies who have multiple operations.

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The Binding Nature of Collective Agreements – The

2016-6-27  In the recent case of Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others (JA103/2014) [2016] ZALAC 11(24 March 2016), the Labour Appeal Court faced a contention by AMCU that it and its members were not bound by a collective agreement concluded by employers and trade unions in terms of section 23 of the Labour Relations

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Organisational rights in the workplace and the ...

2019-3-29  It was held in Chamber of Mines of South Africa obo Harmony Gold Mining Company Ltd and another v AMCU and Others (2014) 3 BLLR 258 (LC) “a workplace as defined in the LRA referred to the entire workplace and is not limited to a bargaining unit.” Therefore, an Employer must first consider the membership across the workplace as well as ...

Get Price

Chamber of Mines of South Africa v Minister of

Chamber of Mines of South Africa v Minister of Mineral Resources and Others (41661/2015) [2018] ZAGPPHC 8; [2018] 2 All SA 391 (GP); 2018 (4) SA 581 (GP) (4 April 2018) Download original files. PDF format. RTF format. REPUBLIC OF SOUTH AFRICA. HIGH COURT OF SOUTH AFRICA. GAUTENG DIVISION, PRETORIA.

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041089 WERKSMANS right to strike

2018-12-12  matter of Chamber of Mines of South Africa and Others v AMCU and Others 1, was once again called upon to consider a series of complex issues which invariably arise within the context of the right to strike. 1 Chamber of Mines of South Africa and Others v AMCU and Others [2014] ZALCJHB 13

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When is the right to strike not the right to ... - HR Pulse

2014-6-25  On the eve of the annual strike season, the Labour Appeal Court, in the matter of Chamber of Mines of South Africa and Others v AMCU and Others was once again called upon to consider the complex issues which arise in the context of the right to strike. The dispute - which initially came before the Labour Court - took the form of an urgent application brought by the Chamber of Mines seeking to ...

Get Price

Organisational rights in the workplace and the ...

2019-3-29  It was held in Chamber of Mines of South Africa obo Harmony Gold Mining Company Ltd and another v AMCU and Others (2014) 3 BLLR 258 (LC) “a workplace as defined in the LRA referred to the entire workplace and is not limited to a bargaining unit.” Therefore, an Employer must first consider the membership across the workplace as well as ...

Get Price

Employment law tips for the mining sector - HR Future

2017-3-17  The Constitutional Court (in the matter of Association of Mineworkers and Construction Union (AMCU) and Others v the Chamber of Mines of South Africa and Others1) has recently handed down an important judgment related to employment law. The judgment is likely to be of particular interest to the mining sector and companies who have multiple operations.

Get Price

SAFLII Home SAFLII

2021-6-7  In 2013, the Chamber of Mines of South Africa (Chamber) (first respondent), acting on behalf of its members in the gold mining sector including Harmony Gold Mining Company Limited (second respondent), AngloGold Ashanti Limited (third respondent) and Sibanye Gold Limited (fourth respondent), began negotiations about wages and working conditions.

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Majoritarianism: binding minority unions to collective ...

2018-3-8  In Association of Mineworkers and Construction Union and others v Chamber of Mines of South Africa and others [2017] 7 BLLR 641 (CC). The Chamber of Mines on behalf of various gold mining companies concluded a collective wage agreement with major trade unions (NUM, Solidarity and UASA) who together represented a majority of workers in the gold ...

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Extension of Collective Agreements Global Business

2020-10-19  Our Constitutional Court dealt with the above-mentioned principles in the case of Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others [2017] ZACC 3.In this case, it had to be decided whether workers at five gold mines may exercise the right to strike while an agreement prohibiting strikes, to which they were not participating in, is still ...

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The Binding Nature of Collective Agreements – The

2016-6-27  In the recent case of Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others (JA103/2014) [2016] ZALAC 11(24 March 2016), the Labour Appeal Court faced a contention by AMCU that it and its members were not bound by a collective agreement concluded by employers and trade unions in terms of section 23 of the Labour Relations

Get Price

Standing Up To The Majority - Employment and HR -

2018-8-2  The Constitutional Court in Association of Mineworkers and Construction Union ("AMCU") and Others v Chamber of Mines of South Africa and Others found that the policy objective of promoting orderly collective bargaining, and the policy of majoritarianism, underpinned section 23(1)(d) and therefore constituted a valid justification for the ...

Get Price

judgment-by-the-constitutional-court-21-02-2017(1 ...

2 Neutral citation: Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others [2017] ZACC 3 Coram: Nkabinde ACJ, Cameron J, Froneman J, Jafta J, Madlanga J, Mbha AJ, Mhlantla J and Zondo J Judgments: Cameron J (unanimous) Heard on: 24 November 2016 Decided on: 21 February 2017 Summary: section 23(1)(d) of the Labour Relations

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When is the right to strike not the right to strike? - HR ...

2014-6-25  On the eve of the annual strike season, the Labour Appeal Court, in the matter of Chamber of Mines of South Africa and Others v AMCU and Others was once again called upon to consider the complex issues which arise in the context of the right to strike. The dispute - which initially came before the Labour Court - took the form of an urgent application brought by the Chamber of Mines seeking to ...

Get Price

Employment law tips for the mining sector - HR Future

2017-3-17  The Constitutional Court (in the matter of Association of Mineworkers and Construction Union (AMCU) and Others v the Chamber of Mines of South Africa and Others1) has recently handed down an important judgment related to employment law. The judgment is likely to be of particular interest to the mining sector and companies who have multiple operations.

Get Price

SAFLII Home SAFLII

2021-6-7  In 2013, the Chamber of Mines of South Africa (Chamber) (first respondent), acting on behalf of its members in the gold mining sector including Harmony Gold Mining Company Limited (second respondent), AngloGold Ashanti Limited (third respondent) and Sibanye Gold Limited (fourth respondent), began negotiations about wages and working conditions.

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The Commissioner found that on the facts of the case

In Chamber of Mines of South Africa others v AMCU others [2014] 3 BLLR 258 (LC), the Court found that the individual mines owned by a number of gold mining companies did not constitute separate workplaces, and the combined operations of each company constituted one workplace.

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Majoritarianism: binding minority unions to collective ...

2018-3-8  In Association of Mineworkers and Construction Union and others v Chamber of Mines of South Africa and others [2017] 7 BLLR 641 (CC). The Chamber of Mines on behalf of various gold mining companies concluded a collective wage agreement with major trade unions (NUM, Solidarity and UASA) who together represented a majority of workers in the gold ...

Get Price

Extension of Collective Agreements Global Business

2020-10-19  Our Constitutional Court dealt with the above-mentioned principles in the case of Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others [2017] ZACC 3.In this case, it had to be decided whether workers at five gold mines may exercise the right to strike while an agreement prohibiting strikes, to which they were not participating in, is still ...

Get Price

Standing Up To The Majority - Employment and HR -

2018-8-2  The Constitutional Court in Association of Mineworkers and Construction Union ("AMCU") and Others v Chamber of Mines of South Africa and Others found that the policy objective of promoting orderly collective bargaining, and the policy of majoritarianism, underpinned section 23(1)(d) and therefore constituted a valid justification for the ...

Get Price

When is the right to strike not the right to strike ...

2021-3-20  By Anastasia Vatalidis, Director at Werksmans Attorneys On the eve of what is now commonly referred to as the annual strike season, the Labour Appeal Court, in the matter of Chamber of Mines of South Africa and Others v AMCU and Others was once again called upon to consider a series of complex issues which invariably arise within the context of the right to strike.

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IN THE LABOUR COURT OF SOUTH AFRICA HELD IN

2021-3-13  22. MACUA has previously intervened in matters such as Chamber of Mines of South Africa v Minister of Mineral Resources and Others 2018 (4) SA 581 (GP) in order to assert the rights of mining affected communities. Furthermore, MACUA has also previously participated in and contributed to the following research reports in the

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Research paper submitted in partial fulfilment of the ...

2017-8-1  states that the South African mining industry contributes US$357bn towards the economy; its mining industry is the biggest in Africa and it has the world‟s largest mineral reserves which are estimated at US$2.5tn.3 The mining sector accounts for roughly 5.3% of South Africa‟s Gross Domestic Product (GDP) and also employs an

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