Court rules: Proposed AMCU strike on some gold mines would be unprotected
2013 wage agreement remains valid for all employees
30 January 2014: The Labour Court sitting in Johannesburg today issued an order declaring a strike called by the Association of Mineworkers and Construction Union (AMCU) to be unprotected, on an interim basis, as it was not compatible with the requirements of the Labour Relations Act. The order interdicts the union from proceeding with the strike or encouraging its members from embarking on the strike. The return day is 14 March 2014, on which day AMCU must argue in court why the interim order should not be made final.
The order follows an application to the court by the Chamber of Mines, acting on behalf of AngloGold Ashanti, Harmony and Sibanye, at whose operations the strike was called.
The main grounds for the application were that an agreement between the gold sector and the National Union of Mineworkers, UASA and Solidarity which, between them, represented 72% of employees in the sector, was reached and finalised last September. The agreed increases and improved benefits were backdated to 1 July 2013 and all employees, irrespective of union affiliation, have been in receipt of these since September 2013.
The court also prescribes to AMCU leadership and the companies various measures they should take to inform AMCU members of the terms of the order.