Lonmin Platinum Ltd v Num (JA50/2015) [2017] ZALAC 18 (28 February 2017) per Sutherland JA (Musi JA and Murphy AJA concurring)
LAC summary:
“Point in limine raised that dispute referred to CCMA already adjudicated by the Labour Court – Labour Court ordered cancellation of union organisational rights upon failure by union to prove representativity by certain date – employer cancelling union organisational right on the basis that the resolutive condition in the court order had been met – Union referring a collective agreement dispute to CCMA which upheld employer’s contention – commissioner approaching the matter in the wrong footing – commissioner not bound by parties description of the nature of the dispute – commissioner must determine the true issue in dispute in light of the facts of the case – issue in dispute is a factual one about whether in terms of the court order and within the time stipulated therein union objectively proves that it had not lost its majority. Commissioner failing to determine the true issue in dispute – Labour Court’s judgment upheld – appeal dismissed”.