Constitutional Court hears AMCU’s appeal against judgment in favour of gold companies - judgment reserved
- Matter related to wage agreement for the period 1 July 2013 to 30 June 2015
- Labour Court judgment in 2014 prevents AMCU from embarking on protected strike action
- Labour Appeal Court decision in March, 2016 confirmed Labour Court decision
Johannesburg, 24 November 2016. The Chamber of Mines, acting on behalf of gold producers AngloGold Ashanti, Harmony and Sibanye, advises that the Constitutional Court today heard the appeal by the Association of Mineworkers and Construction Union (AMCU) against the 2016 decision of the Labour Appeal Court in favour of the Chamber of Mines.
This hearing relates to the decision by the Labour Court on 23 June 2014 to uphold the interim order issued on an urgent basis by the Labour Court in January 2014 preventing AMCU from embarking on protected strike action in respect of wages and other conditions of service on the basis that AMCU was bound by the collective agreement reached for the period 1 July 2013 to 30 June 2015. At the time that the agreement was reached by the gold companies, AMCU represented 17% of the employees in the sector. The agreement was extended by AngloGold Ashanti, Harmony and Sibanye to AMCU and its members in terms of Section 23(1) d of the Labour Relations Act.
In March 2016, the Labour Appeal Court dismissed AMCU’s appeal against the Labour Court’s decision, confirming the interdict sought by the Chamber and its members and granted by the Labour Court in 2014.
Speaking on behalf of the Chamber of Mines, Dr Elize Strydom, said: “While judgment is yet to be made, the final outcome will bring certainty about the binding nature of the 2013 wage agreement that was reached at a centralised level by way of an inclusive process.”
Should you have any queries, please contact:
Dr Elize Strydom, Chamber of Mines +27(0)11 498 7409 or +27(0)82 773 9553