Davey (Pty) Ltd v National Union of Metalworkers of South Africa (234/96) [1999] ZASCA 19; [1999] 2 All SA 437 (A); 1999 (3) SA 697 (SCA); (1999) 20 ILJ 2017 (SCA) (26 March 1999)

Davey (Pty) Ltd v National Union of Metalworkers of South Africa (234/96) [1999] ZASCA 19; [1999] 2 All SA 437 (A); 1999 (3) SA 697 (SCA); (1999) 20 ILJ 2017 (SCA) (26 March 1999)

The Supreme Court of Appeal held that while the employer may have been justified in issuing the ultimatum, its subsequent inflexible and intransigent attitude rendered the dismissals unfair. The employer failed to consider significant new facts, including the union's recommendation for a return to work on 31 August and the purpose of the meeting at Hunter's Field Stadium. The employer's rigid insistence on the deadline, without rational grounds for refusing a short extension, demonstrated an unfair approach to the labour dispute. The dismissals were not a fair response to the circumstances, and the Labour Appeal Court's decision to order reinstatement and compensation was upheld, subject...

Citation
[1999] ZASCA 19
Parties
Appellant: W G Davey (Pty) Ltd; Respondent: National Union of Metalworkers of South Africa
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 1999
Case Number
234/96
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court
Outcome
Appeal dismissed with costs; order of Labour Appeal Court upheld with amendments regarding dates and deduction of remuneration earned by employees during the period between dismissal and recommencement of employment.
Judges
Smalberger, Howie, Olivier, Schutz, Melunsky
Legal Topics
Unfair Dismissal, Strike Action, Ultimatum and Dismissal, Retrospective Reinstatement
Labour Law Unfair Dismissal Strike Action Ultimatum and Dismissal Retrospective Reinstatement

Case Brief

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Parties

W G Davey (Pty) Ltd

Appellant

National Union of Metalworkers of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court

Legal Issues

  1. 1 Whether the dismissal of striking employees after an ultimatum constituted an unfair labour practice.
  2. 2 Whether the employer was obliged to consider new facts arising after the ultimatum before dismissing employees.
  3. 3 Whether reinstatement was an appropriate and equitable remedy.

Ratio Decidendi

The Supreme Court of Appeal held that while the employer may have been justified in issuing the ultimatum, its subsequent inflexible and intransigent attitude rendered the dismissals unfair. The employer failed to consider significant new facts, including the union's recommendation for a return to work on 31 August and the purpose of the meeting at Hunter's Field Stadium. The employer's rigid insistence on the deadline, without rational grounds for refusing a short extension, demonstrated an unfair approach to the labour dispute. The dismissals were not a fair response to the circumstances, and the Labour Appeal Court's decision to order reinstatement and compensation was upheld, subject...

Court Disposition

Appeal dismissed with costs; order of Labour Appeal Court upheld with amendments regarding dates and deduction of remuneration earned by employees during the period between dismissal and recommencement of employment.

Orders

  • The appeal is dismissed with costs.
  • The date 12 April 1999 is substituted for 12 January 1996 in paragraph 3 of the order of the Labour Appeal Court, and the date 3 May 1999 is substituted for 29 January 1996 in paragraphs 3, 5, and 7 of the said order.