HomeNewsConstitutional Court hears AMCU's appeal on unprotected strike action

Constitutional Court hears AMCU’s appeal on unprotected strike action

The Chamber of Mines has advised that the Constitutional Court has heard the appeal by the Association of Mineworkers and Construction Union (AMCU) against the 2016 decision of the Labour Appeal Court, which ruled in favour of the Chamber of Mines.

The Chamber, acting on behalf of gold producers AngloGold Ashanti, Harmony and Sibanye, said the hearing relates to the decision by the Labour Court on 23 June 2014 to uphold the interim order issued by the Labour Court in January 2014, which prevented AMCU from embarking on protected strike action.

The order was made 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.”