Association of Mineworkers and Construction Union and Others v Royal Bafokeng Platinum Limited and Others

Royal Bafokeng Platinum Limited contemplated large-scale retrenchments based on operational requirements. A collective agreement required consultation with the majority union, the National Union of Mineworkers (NUM). The employer consulted NUM in terms of that agreement. The Association of Mineworkers and Construction Union (AMCU), a minority union, and affected individual employees contended that they were entitled to be separately or additionally consulted under section 189(1) of the Labour Relations Act 66 of 1995 (LRA) and that sections 23(1)(d) and 189(1) of the LRA were unconstitutional to the extent that they excluded minority unions and individuals from consultation. The Labour Court and Labour Appeal Court rejected these claims, and the matter came before the Constitutional Court.

Leave to appeal was granted, but the appeal was dismissed, confirming the constitutionality and application of sections 23(1)(d) and 189(1) of the LRA and the validity of the retrenchment consultation process.

The case authoritatively confirms that the principle of majoritarianism applies to retrenchment consultations under the LRA and that neither minority unions nor individual employees have a constitutional right to separate consultation where an employer has complied with section 189(1). It clarifies the relationship between section 23(1) of the Constitution and the detailed statutory scheme regulating retrenchments, reinforcing legislative primacy in giving content to fair labour practices.