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National Union of Metal Workers of South Africa and Others v Hendor Mining Supplies (a division of Marschalk Beleggings (Pty) Limited)

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National Union of Metal Workers of South Africa and Others v Hendor Mining Supplies (a division of Marschalk Beleggings (Pty) Limited)

31st March 2017

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On appeal from the Labour Appeal Court (hearing an appeal from the Labour Court):

1. Leave to appeal is granted.

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2. The appeal is upheld.

3. The orders of the Labour Appeal Court and Labour Court are set aside and that of the Labour Court is substituted with the following:

“(a) The respondent is ordered to pay the employees, excluding the deceased employees—

(i) their weekly wages plus any other amount not forming part of the wages to which each employee would have been entitled for the period 1 January 2007 to 15 April 2007 together with interest thereon at 15.5% per annum calculated from 16 April 2007 to date of payment; and

(ii) their weekly wages plus any other amount not forming part of the wages to which each employee would have been entitled for the period 16 April 2007 to 28 September 2009 together with interest thereon at 15.5% per annum calculated from the dates on which the weekly wages and other amounts would have been due to date of payment.

(b) The respondent is ordered to pay the estates of the deceased employees against the production of letters of executorship or authority by the relevant executor or executrix—

(i) the deceased employees’ weekly wages plus any other amount not forming part of the wages to which each deceased employee would have been entitled for the period 1 January 2007 to the date of death together with interest thereon at 15.5% per annum calculated from 16 April 2007 to date of payment, in respect of employees who died on or before 15 April 2007;

(ii) the deceased employees’ weekly wages plus any other amount not forming part of the wages to which each deceased employee would have been entitled for the period 1 January 2007 to 15 April 2007 together with interest thereon at 15.5% per annum calculated from 16 April 2007 to date of payment, in respect of employees who died after 15 April 2007; and

(iii) the deceased employees’ weekly wages plus any other amount not forming part of the wages to which each deceased employee would have been entitled for the period 16 April 2007 to the date of death together with interest thereon at 15.5% per annum calculated from the dates on which the weekly wages and other amounts would have been due to date of payment, in respect of employees who died during the period 16 April 2007 to 28 September 2009, both dates inclusive.

(c) Should the parties fail to reach agreement on any amount or amounts contemplated in this order, either party may seek relief from the Labour Court.

(d) The respondent is to pay the applicants’ costs, including the costs of two counsel.”

4. The respondent is to pay the applicants’ costs in this Court and Labour Appeal Court, including the costs of two counsel.

  • National Union of Metal Workers of South Africa and Others v Hendor Mining Supplies (a division of Marschalk Beleggings (Pty) Limited)
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