FAWU and Others v Premier Foods Ltd t/a Blue Ribbon Salt River (C 722/2012) [2012] ZALCCT 36; [2012] 12 BLLR 1281 (LC); (2013) 34 ILJ 1171 (LC) (7 September 2012)

FAWU and Others v Premier Foods Ltd t/a Blue Ribbon Salt River (C 722/2012) [2012] ZALCCT 36; [2012] 12 BLLR 1281 (LC); (2013) 34 ILJ 1171 (LC) (7 September 2012)

The court held that the respondent, having previously dismissed the applicants for operational requirements based on alleged misconduct and failed to prove such misconduct, cannot now institute disciplinary proceedings on the same facts after the applicants have been reinstated by order of the Labour Appeal Court. The employer elected to pursue one route and, having failed, is barred from seeking a second opportunity to dismiss the employees for the same conduct. This approach is mandated by the principles of fairness and legal certainty in labour law. The requirements for interim interdict were satisfied, as the applicants established a prima facie right to fair labour practices, and the...

Citation
[2012] ZALCCT 36
Parties
Applicant: FAWU; Applicant: M Kapesi and 31 others; Respondent: Premier Foods Ltd t/a Blue Ribbon Salt River
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
7 September 2012
Case Number
C 722/2012
Procedural Posture
Urgent Application / Interim Interdict Application Following Reinstatement After Unfair Dismissal Appeal
Outcome
Interim interdict granted; rule nisi issued restraining disciplinary proceedings and suspensions pending return day.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Interim Interdict, Operational Requirements, Disciplinary Proceedings, Right to Fair Labour Practices
Labour Law Civil Procedure Unfair Dismissal Interim Interdict Operational Requirements Disciplinary Proceedings Right to Fair Labour Practices

Case Brief

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Parties

FAWU

Applicant

M Kapesi and 31 others

Applicant

Premier Foods Ltd t/a Blue Ribbon Salt River

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application Following Reinstatement After Unfair Dismissal Appeal

Legal Issues

  1. 1 Whether the employer may institute disciplinary proceedings against employees reinstated after unfair dismissal for operational requirements based on the same facts.
  2. 2 Whether the suspension and disciplinary hearings breach the Labour Court and Labour Appeal Court orders.
  3. 3 Whether the requirements for interim interdict are satisfied in this context.

Ratio Decidendi

The court held that the respondent, having previously dismissed the applicants for operational requirements based on alleged misconduct and failed to prove such misconduct, cannot now institute disciplinary proceedings on the same facts after the applicants have been reinstated by order of the Labour Appeal Court. The employer elected to pursue one route and, having failed, is barred from seeking a second opportunity to dismiss the employees for the same conduct. This approach is mandated by the principles of fairness and legal certainty in labour law. The requirements for interim interdict were satisfied, as the applicants established a prima facie right to fair labour practices, and the...

Court Disposition

Interim interdict granted; rule nisi issued restraining disciplinary proceedings and suspensions pending return day.

Orders

  • Leave is granted for the matter to be heard as urgent.
  • A rule nisi is issued calling upon the respondent to show cause on 18 October 2012 why the interim order should not be made final.