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Labour Appeal Court reserves judgment in AMCU appeal

21st August 2015

By: Natalie Greve

Creamer Media Contributing Editor Online

  

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JOHANNESBURG (miningweekly.com) – The Labour Appeal Court on Friday reserved judgment following the hearing of an appeal lodged by the Association of Mineworkers and Construction Union (AMCU) against a 2014 decision of the Labour Court – in favour of the Chamber of Mines (CoM) – to uphold an interim order preventing AMCU from embarking on protected strike action at certain operations owned by AngloGold Ashanti, Harmony and Sibanye.

This followed arguments by counsels for AMCU, the CoM, the National Union of Mineworkers and the Labour Minister.

The Labour Court confirmed the interim order in June 2014, following an application to the Labour Court by the CoM, acting on behalf of its members, in January of that year, requesting it to declare any strike action by AMCU on wages and other conditions of service unprotected on the basis that AMCU was bound by a collective agreement prohibiting a strike.

Speaking on behalf of the affected gold producers, CoM chief negotiator Dr Elize Strydom said, at the time, that the decision brought certainty about the binding nature of the 2013 wage agreement, which the chamber believed was in the best interest of employees, the industry and the country.

“Historically, the gold industry has always conducted wage negotiations at a centralised level and the process has always been inclusive and fair. Going forward, we will continue to bargain in good faith with the elected representatives of employees,” she noted.

Edited by Chanel de Bruyn
Creamer Media Senior Deputy Editor Online

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