Court order 'allows Lonmin to fire strikers'

2012-09-15 14:10

Johannesburg - Lonmin has been granted a final order from the Labour Court declaring the strike at its Marikana mine unprotected, the Saturday Star reported.

An unnamed labour attorney told the newspaper that the order could establish legal grounds for the dismissal of the miners if they persist in striking.

"Basically the confirmation of a rule nisi - an interim order - by the court means that the order is final and the employer can take action against the workers who fail to comply without any legal implications."

President of the SA Council of Churches Bishop Joe Seoka, who has been involved in mediating the recent conflict, said Lonmin did not reveal that it was going to court.

"It is unfortunate that the company has done that and it will be intimidation to the workers. Things like this will make the situation worse."

Last month Judge Edwin Molahlehi granted an interim order, which acting Labour Court Judge Anton Myburgh confirmed and finalised this week. The order also prohibits striking workers from preventing others from going to work.

The wildcat strike began over a month ago with workers demanding monthly wages of R12 500. In talks on Friday, workers rejected a new offer.

Forty-five people have been killed in violence associated with the strike.

  • ivan.devries.7 - 2012-09-15 14:25

    Fire all and take people that want to work

      lsfreak - 2012-09-15 15:21

      Problem is that if they are fired those mines might as well close. Those poor idiots won't allow it to operate @ all. Sorry but thats how the BLACK man mind work. Do a google search for some US Reverend(The Problem Of The Black Race - James David Manning) that says some very scary yet true stuff. - 2012-09-15 15:42

      Agree this should have been done long ago. Send them back to Mozambique, Swaziland and Zimbabwe and see if they can get R12,500 there, with no work. - 2012-09-15 15:43

      @Isfreak. If they send them back there will not be a problem, 95% of them are migrant workers.

      lsfreak - 2012-09-15 15:51

      @Eddie. Migrant workers need not come from other countries. I'd say and truely believe most are SA workers just from other parts of the country say the old Transkie or Natal. Just like a truck driver who has a home in the middle of nowhere but works in the cities.

      christian.denyschen - 2012-09-15 16:15

      Eddie 95% you say where did you get those stats your thumb? Here is a stat the u need to consider out of the 34 killed in the "massacre" only one was a "migrant" worker from Lesotho if my memory serves me right.

      themba.thwala.98 - 2012-09-15 19:00

      Isfreak, I'm black and my mind works perfectly. In other words, that reverend and you think the same way: through your behinds. - 2012-09-16 02:07

      Yes fire these criminal murderers, they serve no purpose anymore, they should actually be locked up for murder and public violence.

      aristar.aristary - 2012-09-16 09:31

      @lsfreak: So let the mines close, let the Mining house remove themselves from the country and then South Africa will go the same way as Zambia, Zimbabwe. Abject poverty and despair. Then the Chinese will come (oh sorry they are already here) and rape and pillage the country and then South Africa will degrade even further into abject poverty and despair. I think that is the aim of the Chinese. Take anything of value and kill off the South Africa so that there is nothing in Africa but garbage and millions of starving people. Between the Chinese and the Muslims extremists .there are not going to be any reasonable people left.

  • zandernh - 2012-09-15 14:29

    Africa. No respect for anything except power. There is no rule of law, only violence, and people are ruled by the fear of it. That is the way it has always been, and probably how it will always remain.

  • shirley.steenkamp - 2012-09-15 14:34

    Good! Sanity at last. Fire them and hire people who WANT to work and if they have a problem,negotiate like civilised human beings! This is way beyond a pay dispute-these guys are out chasing a Malema pipe dream and hell bent on achieving it no matter who they kill.injure or cause to lose their jobs! Now they can go and gather on the "mountain" and see how long gift of the givers will support them!!!!

      ndlovuvincent - 2012-09-15 14:42

      Good point Shirley,let us wait and see if Malema is going to reinstate them with his stupid Friends of the Youth League.This is long overdue

  • larry.piggott1 - 2012-09-15 14:36

    They should be fired and this time stay fired.

  • warren.carne.9 - 2012-09-15 14:37

    Well done Lonmin,fire the fools- and for the mediator to say its unfortunate?I find that ridiculous,they have an asset in their business to protect and are being held to ransom.

      sihlangu.hokweni - 2012-09-15 15:17

      Don't be surprised when these unemployed guys join APLA

      nicolaas.baker - 2012-09-15 19:12

      2DOMSIHLANGU, Dont you be surprised too when they join the place called hell after they died of hunger, the bleddy idiots!

  • bob.small.7547 - 2012-09-15 14:43

    Great, fire the opportunistic communists! Replace them with people that deserve to have the job! They might have a valid grip about minimum wage, but sorry these miners are now just stirring cr@p on purpose that is hurting SA badly.

  • eugene.prinsloo - 2012-09-15 14:44

    Now its time to fire these people. The mine has been patient enough. Let them go hungry they will soon be begging for jobs again. Enough is enough .....

  • irvin.mkhari - 2012-09-15 15:03

    what kind of order is that,why don't they order lonmin to increasing salary for miners.lonmin bribe court to grant them order to kill its employees instead of geving the miner what they demanded.

      raymond.buis.3 - 2012-09-15 15:13

      Hey idiot they are on an illegal strike. Do you know what illegal means ? Apparently not you are to busy being dumb but hey not all of us understand the and appreciate the rule of law. Its simple you don't go to work you get fired. So please read a book.

      henk.vanrensburg.31 - 2012-09-15 15:50

      Irvin, not the sharpest assegai in Lonmin are you? - 2012-09-15 15:51

      Wow what an idiot

      charles.malatsi - 2012-09-15 15:54

      @Irvin.Mkhari u stupid do u know wt illegal is u must go bck 2 skul lyk yo leader juju m sho u also got GG 4 woodwrok

      charles.malatsi - 2012-09-15 15:54

      @Irvin.Mkhari u stupid do u know wt illegal is u must go bck 2 skul lyk yo leader juju m sho u also got GG 4 woodwrok

      annelene.munro - 2012-09-15 16:04

      They cannot afford to pay the strikers what they demand. Lonmin's financial records are available on the internet ... check them out!

      siphumezo.mvayo - 2012-09-15 16:24

      dats true irvin these idiots r ful of jealous

      michelle.kirsten - 2012-09-15 18:40

      Full of jealous? Hahahaha! Btw an idiot coming to the aid of another idiot does not magically change the opinion into wise words...

      annelene.munro - 2012-09-15 19:45

      Check out the latest financial report of Lonmin as at 31/3/12 .. they had a drop of income of 187 million dollars, and a rise in mining expenses of 56 million dollars ... and the results with this strike for the following 6 months will be worse. How on earth can they pay thousands of works R12500 a month. If anybody knows any strikers or family of strikers ... tell them to talk to the miners of the liquidated Aurora mine who hasnt been paid for 4 years .. are they trying to get their mine liquidated as well?

  • tshepo.maganedisa - 2012-09-15 15:04

    Should management choose the enforce the order it will cause more problems not only for Lonmin, i still engage all the stakeholders inlc. Amcu

      anette.smith.16 - 2012-09-15 21:04

      AMCU is the problem.

  • raymond.buis.3 - 2012-09-15 15:17

    Awesome . Can you say about time. But of course they will be so confused when they get fired.

  • mthokozisi.mbele - 2012-09-15 15:28

    Enforce the court order and let the police go to their houses and search for illegal weapons...

  • bbooyse - 2012-09-15 15:29

    As far as I can see, it is either firing these guys or closing the mine -- if they yield to the miners' demands (which is very unlikely), it will result in widespread unrest in die mining sector, because everyone will want 12 a month.

  • sihlangu.hokweni - 2012-09-15 15:37

    Wel,nou GOED-the strikers must just take their GRIEVIENCE to the Labour Appeal Court

      ruanpretorius1980 - 2012-09-15 16:01

      An do what? Just to confirm the order granted by the judge, who acted in accordance to the law to enforce the law? And it's actually a grievAnce...

      lacrimosewolf - 2012-09-15 16:23

      They can certainly try but the LABOUR LAW is very clear on unprotected strikes. So either the miners were grossly uninformed or they decided to risk the consequences.

      anton.debeer.3701 - 2012-09-15 22:16

      Sihlangu, that is exactly what they should have done in the first place before they killed two policemen. What they should also understand is that once the Labour Appeal Court has ruled then they should accept it. That then should settle the dispute even if the decision is not in favour of them. But under no circumstances do they have the right to violence. No one has that right in a democratic country especially not if you are voting for the ruling party. If you are not happy find or create a party that supports your cause and vote them in.

  • mabhekana.nzuza - 2012-09-15 15:37

    We are tired about this senseless strike, Malema must provide this Miners with a job in his farm, and pay them that demand of R12 500.

  • Andre - 2012-09-15 15:38

    The Council of Churches must stay out of this. They are false prophets following a liberal humanistic approach which is un-Biblical. The Bible teaches discipline and respect. It also teaches that those who do not work must go hungry!

      kevin.watson.7906 - 2012-09-15 19:39

      Just do not lose your job dumbo. Your "christianity" is the same crap that encouraged pogroms against the jews and hate against other religions.

  • hdejager3 - 2012-09-15 15:39

    @Henk well said and they will just do that ....................

  • Mjak8s - 2012-09-15 15:48

    This is just deserts. I'm sure now that the striking miners will think twice before they insist on making unreasonable demands. Those who thought NUMSA was crazy when it made the call for the miners to return to work must be eating humble pie. How on earth did the miners allow themselves to fall into collective stupidity

      henk.vanrensburg.31 - 2012-09-15 16:03

      Collective stupidity Hahahahahahaha!!!

      mphozana.manfred - 2012-09-16 10:30

      Mjak8s, are u dof or smthng? NUMSA is nthng but servants of the state and mining bosses, this intimidation by the courts will only yield devastating results for all of us, remember the libyan story? You can use all the state machinery to suppress the people, bt ultimatetly the people will always win, then you can talk about some people eating a humble pie, when protesters in libya were shot and murdered, some idiot said at last the decisive measures were taken by the govt, we both know the results thereof. Just wait and see before you celebrate, its just a friendly advice n m not chargin you anything for it.

  • annelene.munro - 2012-09-15 15:49

    reply to boulvy.selala After applying for a job and you accept the conditions ... you either stay or if you are unhappy you move on and find another job. You don't hack policemen to death to show your unhappiness and then stop others who are willing to work

  • deon.louw.7505 - 2012-09-15 16:04

    It is about time, what other bosses will allow workers an unprotected strike for 5 weeks? No one. Fire them and remove them from the hostels.

  • david.lebethe - 2012-09-15 16:07

    I wonder who did the company serve with the application when mineworkers had fired their union in the first place and the company refused to recognise Amcu, whose membership was never verified by the company? Secondly, were respondents (employees) and their addresses properly identified when some of them are dead and stay in an informal settlement? Without adjudging the situation, the court shall have erred if it granted Lonmin temporary interdict when founding papers were not properly served. Thirdly, the court shall have erred if it had granted the Applicant an interdict without having satisfied itself that the respondent were aware of the application - something that I suspect was the case as nobody (including, the SACC) did not know about. If indeed other consulting parties did know about the intended application, then, Lonmin was bargaining in bad faith. Howewver, the fact, that they were involved in bargaining process under the auspices of the CCMA (something that I suspect, the company did not disclosed to court), means they acquisced and that the strike is not illegal. This is an interesting case for conscientious legal practitioners to take over and appeal on behalf of poor workers.

      lacrimosewolf - 2012-09-15 16:27

      From what I understand, LonMin has a memorandum of understanding that NUM is the union representative, so it would have been illegal for LonMin to acknowledge AMCU. From what I read, I don't think NUM know they were fired :). I also don't think that the strikers understood the full consequences of their actions. Interesting legal cases ahead for sure

      annelene.munro - 2012-09-15 17:14

      Our labour laws are weird. I thought if people were striking illegally for such a long time, refusing to work, that this was sufficient grounds to fire them? Its not as if they didnt have increases each year ....

      lacrimosewolf - 2012-09-15 17:31

      @annelene - the 1st misconception is that this is an illegal strike. There is no such thing under the law. Everyone has the right to strike. Strikes fall into two categories: protected and unprotected. To gain protection workers have to have followed all processes and procedures and all have failed. So striking is supposed to be the last resort. In that scenario, employers cannot fire staff but can appeal to the courts that they have done their best to remedy and ask for an end to the strike. But they cannot fire the strikers. The courts then decide what happens next - more arbitration or order people back to work and so on. In unprotected, people decide to not follow processes and procedures and so the employer has the right to fire people without being legally obliged to make any further effort to remedy the situation. For all the legal-eagles, I know I am over-simplifying very complex labour law but that is how I understand it :)

  • smanga.ndlamlenze - 2012-09-15 16:22

    they must close the mine. is better for them to suffer. cz they ar bad influence in the country.

  • cya.ngoma - 2012-09-15 16:28

    Seems like all those people who have been looking for jobs are going to get one, thank the strikers.

      hlongwanech - 2012-09-15 17:40

      mining jobs is not as easy as we think because it doesnt need mentality it needs lot of energy from ptv to timber to locco driver to cheesa to winch driver to rdo it needs peseverence until you can be a supervisor and ther is no development despite that you have matric and a computer sertificate you are just the same as an illiterate

      lacrimosewolf - 2012-09-15 18:01

      Even with 100 000 applicants, that mine isn't going to be running again soon. Safety training is just one. Certification to operate certain machinery, explosives, manage teams, etc. Plus you have to accumulate hours in a specific field before you can be in that field. The LAWS are very clear on what the roles, responsibilities are for every mining job. This isn't hiring a gardener or someone to pump petrol (no offence to either of those professions intended)

  • Matlala - 2012-09-15 16:38

    We are appealing to striking miners to abide by the rule of law and resort to peaceful negotiations for better working conditions. The employer is also persuaded not to rush into apply powers to expell granted by court. They shouild tolerate to negotiate with miners in a good faith. They should also obtain court order to impair Malema to address the workers and to enter Marikana. That shall provide parties enough space to to find each other. Court interdict must not be seen as a means to tremble on Malema' s rights but the opportunity to him to acquint him with the supreme law of the land. I'm too optimistic than ever before that mining debacle is addressable. And amicable solutions are possible.

      ruanpretorius1980 - 2012-09-15 16:45

      So you reckon 5 weeks is still too short a time for a company to react and get their employees back at work?

      hlongwanech - 2012-09-15 17:34

      i'm confused about the salaries that the employees are demanding is it 12500 net or 12500 gross? And i'm sure lonmin boses have farms outside south africa because since it was paying its employees not enough money which means they were enjoying and now the employees want to disturb them.

      lacrimosewolf - 2012-09-15 18:23

      @hlongwanech - The legislated minimum wage in mining is R4300 a month gross. The demands of the strikers is that that minimum wage be R12 500 - which is an 191% increase.

      hlongwanech - 2012-09-15 20:55

      @watson idiots like you they normally suck my balls or wipe my ass with a tongue

  • hlongwanech - 2012-09-15 16:39

    it can be a good decision to those who benefit from mining but for me is nothing they can be employed elsewhere there are many contractors who need people looking for a job and no cv amd qualification required

  • errol.wagner - 2012-09-15 16:44

    I think the president of the council of churches should focus on doing his job - he is not a politician or a businessman. Sort out your church then perhaps you can talk.

  • T.S.Phalatse4Z - 2012-09-15 16:44

    Can they fire them n get over n done, rustenburg residents must apply now n all these peopl must go back to their homes, they r causing 2 much unrest in the NorthWest, nxah!!

      hlongwanech - 2012-09-15 17:25

      i dont think so rusternburg people are too lazy to work they need government jobs regardless of whether they are educated or not .

  • mandilakhe.nompehle - 2012-09-15 17:06

    Fire them.....

  • JamesMWood - 2012-09-15 17:50

    In the words of macdonalds \I'm loving it\ fire the bastards please, even if its just as a social experiment to show what happens when you strike.

      lacrimosewolf - 2012-09-15 18:03

      This country has had more than its fair share of social experiments. What we are seeing today is just one of the very many consequences.

  • arron.chivaro - 2012-09-15 18:08

    The rule of law must b upheld fire them all i am ready 2 submit my cv

  • Khayoh Mfiswah - 2012-09-15 18:35

    It seems as if Labour Court ppl are also getting money frm Lonmin lyk government do. Whrz Malema nw

      rodney.bevan.58 - 2012-09-15 18:42

      Shame, it must be hard for you to walk and chew gum at the same time Khayoh. Let me try and explain this. The miners are on an illegal strike, they therefore have no protection in law. The company are well within their rights to sack the striking miners and have them forcibly removed from mine property. Understand now? The only people taking backhanders are the ANC andMalema and his buddies.

      lacrimosewolf - 2012-09-15 18:48

      Why do you believe that the Labour Court is being paid off? I'm really interested to know why people do not trust the system. Is it because you don't understand the laws or just grumpiness because things did not go your way?

  • anthony.richardson.961 - 2012-09-15 20:22

    Fire them all then there is no legitimacy for a call for higher wages, they are no longer emloyed by Lonmin. Problem solved!\r\n\r\nBut then they will start to protest to get their jobs back because they have no food to eat, refer them to Aurora and see what happens.\r\n\r\nThese strikers have killed 11 innocent people yet this seems to be an insignificant aside as the the focus is on the strkers who were shot. These people are antogonists not victims who carry weapons of offence not defence. Again, fire the lot of them

  • Bra Tebzaah Sibilanga - 2012-09-16 10:35

    Where are they going to get people to replace the fired workers?Who would be brave enough to go and work?Marikana is presently the most dangerous place in the country,it has overtook Gauteng.

  • mphozana.manfred - 2012-09-16 10:59

    Only bloated rich south africans can be happy about the situation in the mining industry, only some few fat black cats and a load of whites truly benefit from the mineral resourses of our country and they also happen to control the police, the army and the courts, now they are unleashing every thing they have on the disgruntled labour force, you say people must seek peacefull ways to resolve this, the quesion is, for how long? The unions, who are supposed to fight against workers exploitation, are in bed with the govt and the employer, they have shares in the mining industry, everytime they negotiate for increament, it is not above R400, i say to hell with them, let the workers speak for themselves, shoot and fire them if they must, but thats what the NP regime did to our freedom fighters, if MK, was not formed, we would still be seeking for peacefull means to let the boers give up power, there is only one language an oppressor understand, unlawfull strikes and un organised revolts, say what you may but the masses out there are fed up with this undelivering puppets, the status quo can no longer be left intact, a few of our black brothers and sisters blood will unavoidably have to be spilled for the imperialists to listen. Amandla!!!

      annelene.munro - 2012-09-16 13:47

      Sorry to differ, but the mining industry touches the lives of each and every south african citizen. When the exports of the mines are up its good for our balance of payments, ie we export more than we import, so the rand is strong, petrol prices remain the same or go down, the State gets a good tax income, and the pension and ra funds do well. If the mines cannot keep up their exports, and our balance of payments take a dip, our rand becomes weak, the price of petrol goes up and with it the food prices and transport prices, the State does not get in a lot of tax, etc. which they need as they pay out such a lot of social grants to poor people. People seem to think mines are a big goose which lays golden eggs. This is in the past. The economy of the world changed drastically in 2008, countries like Greece, Spain, Portugal and Ireland nearly bankrupt, fewer cars being sold, so less platinum needed. With the problems facing the mine, Lonmin might decide to close some shafts. So no matter how the masses are fed up, they have to face reality. There are just too many people in this world chasing too few jobs and it seems matters might become worse.

  • MoshKaDeph - 2012-09-16 12:38

    That's not a way of solving a problem. It is very dangerous to fire angry people at this time. People are angry in world as all. We don't want to see what we've been experiencing in last few weeks again.

  • winifred.watson.9 - 2012-09-16 15:21

    Fire the lot, let them lose their service record and then Lonmin and choose who they wish to re-employ. I would say re-ploy on those that had a good record and give some of the unemployed a chance to get a job. When these miners see a lot of their friends packing up and heading home, maybe this will a lesson for them in the future. Those going home can ask for a donation from Friends of the Youth league. Nowhere should workers be allowed to carry on like these miners did.

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