Amcu takes a judicial hammering

The Association of Mineworkers and Construction Union (Amcu) has been dealt a body blow with two Labour Court judgments going against them, writes Legalbrief. The Labour Court has prevented a secondary strike across the country’s gold, platinum and vanadium industries, ruling that such an action would be unprotected, but, reports Business Day, Amcu has said it would appeal against the judgment. Amcu had called for the seven-day secondary or sympathy strikes across a range of companies to support its 14 000 striking members at Sibanye-Stillwater’s three gold mines, who downed tools on 21 November in demand of higher wages. Sibanye has steadfastly said it would not entertain any increase in wages for Amcu because it has already signed a wage deal with three other unions. According to the report, the judgment said: ‘The conduct of Amcu’s members certainly tainted its reputation as a trade union that supports peaceful industrial action.’ The judge questioned whether Amcu’s leadership was ‘able to control its members to behave according to acceptable standards ... and whether Amcu is serious in building a reputation as a trade union that supports and conducts peaceful industrial action’.

Amcu has been on strike at Sibanye-Stillwater's gold operations since mid-November in a pay dispute. Mining Weekly reports that it wanted to extend the strike to at least 11 other mining firms including Anglo American's gold and platinum operations, Harmony Gold and Lonmin. ‘We welcome the decision of the court to grant an interdict against the secondary strike action called by Amcu. We maintain that a secondary strike by Amcu would not be in the best interests of our employees or the industry,’ Amplats CEO Chris Griffith said.

Amcu says it will challenge the decision. According to Business Report, Amcu said it was shocked by the judgment charging that it was misguided. It said the court did not truly consider the compelling arguments made by Amcu regarding the purpose of a secondary strike. ‘Secondary strikes are an integral part of the constitutional right to strike and this seems to have been neglected in the judgment. Amcu views this judgment as a serious infringement on the right of workers to engage in secondary strike action,’ the union said.

And, reports Business Day, Amcu has lost another legal battle, this time an attempt to stop retrenchments at the gold mines where it has called on its members to go on a protracted strike. The report says in the latest setback for Amcu, the union’s efforts to stop a retrenchment process at two of the three gold mines where about 14 000 of its members have downed tools were rejected by Labour Court judge Andre van Niekerk. Amcu said it would appeal against the judgment which, in its view, violated its constitutional rights.

Amcu has announced, meanwhile, in a report on the Polity site, that it has obtained a resounding mandate from its members to accept the proposed settlement agreement advanced by the CCMA, in an attempt to the break the wage negotiations deadlock with Sibanye-Stillwater. The CCMA facilitated engagement between Amcu and Sibanye-Stillwater in terms of section 150 of the Labour Relations Act, which is designed to break deadlocks during collective bargaining processes, when there is sufficient public interest in a particular matter. The report says Amcu leaders conducted mass meetings on15 March, and at these meetings members accepted the proposed settlement by the CCMA in broad terms, before mandating the negotiating team to engage further with Sibanye-Stillwater on the implementation and method of payment, as well as the issue of back-pay.