Labour Court Judgement Case no: J 99/14: Chamber of Mines v Amcu

On 23 June Judge Van Niekerk delivered the following judgement:

Summary: Return day of rule nisi – interim interdict granted in respect of strike action where collective agreement concluded with unions making up majority extended in terms of s 23 (1) (d) of the LRA – extension of agreement to those employees not members of unions party to the agreement valid – rule confirmed. Challenge to constitutionality of s 23 (1) (d) – section not unconstitutional, constitutes justifiable limitation on right to engage in collective bargaining and to strike.

To read the full judgement click below:

Chamber of Mines v AMCU

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