UASA v Lonmin Platinum Comprising (JA59/2012) [2014] ZALAC 41 (19 August 2014)

Coram:        Waglay JP et Ndlovu JA et Molemela AJA

Heard:           18 March 2014    Delivered:     19 August 2014

Appeal disallowed and Labour Court’s granting of absolution from the instance confirmed.

[1] This is an appeal, with leave of the Court a quo, against the whole of the judgment of the Labour Court (Boqwana, AJ)  granting absolution from the instance.

LAC summary:

Locus Standi is a question of law and can be raised at any stage of the proceedings- Trite principle union having authority to negotiate on behalf of members.  Court a quo erring in holding the contrary.  Absolution from instance.  Absolution from instance may be decided on the basis of reasonable inferences.  Appellants failing to prove the existence of oral agreement.  Inference drawn from the written agreement that no oral agreement was concluded.