Num v CCMA (Lonmin Platinum) (JR2052/13) [2015] ZALCJHB 139 (29 April 2015) per Lagrange J.

The trade union Num alleged that in breach of a recognition agreement Lonmin had transferred its members to another trade union, Amcu.  This reduced Num’s membership below 50% in the bargaining unit.  Lonmin relied on this to terminate the recognition agreement on 90 days notice.  Various applications were made to the Labour Court.  The issue in this review before the Labour Court was whether the CCMA had jurisdiction to deal with the latest dispute given the earlier court orders.  In other words did the the principle of res judicata apply.  On the facts it was held that it did not and the ruling of the CCMA was not correct and it was set aside.