Food and Allied Workers Union and Others v Amalgamated Beverage Industries (Pty) Ltd (JS644/15) [2017] ZALCJHB 492 (20 April 2017)

Food and Allied Workers Union and Others v Amalgamated Beverage Industries (Pty) Ltd (JS644/15) [2017] ZALCJHB 492 (20 April 2017)

The applicants' refusal to work constituted unprotected strike action as defined by the Labour Relations Act, since it was a concerted refusal to work aimed at remedying a grievance regarding inadequate security. The respondent failed to comply with mandatory procedures by not contacting the union or issuing an ultimatum prior to dismissal. The applicants' demands for adequate security were reasonable given the violent context of the SATAWU strike. The respondent's failure to engage constructively with the union and to provide an ultimatum rendered the dismissals both substantively and procedurally unfair. Maximum compensation is warranted, but the applicants' unreasonable rejection of a...

Citation
[2017] ZALCJHB 492
Parties
Applicant: Food and Allied Workers Union; Applicant: Ncongwane, D & Others; Respondent: Amalgamated Beverage Industries (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 April 2017
Case Number
JS644/15
Procedural Posture
Unfair Dismissal Application / Trial Judgment
Outcome
The dismissals of the second and further applicants are declared substantively and procedurally unfair. Maximum compensation is awarded; no order as to costs.
Judges
Barnes
Legal Topics
Unfair Dismissal, Unprotected Strike, Procedural Fairness, Substantive Fairness, Compensation, Trade Union Rights
Labour Law Unfair Dismissal Unprotected Strike Procedural Fairness Substantive Fairness Compensation Trade Union Rights

Case Brief

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Parties

Food and Allied Workers Union

Applicant

Ncongwane, D & Others

Applicant

Amalgamated Beverage Industries (Pty) Ltd

Respondent

Procedural Posture

Unfair Dismissal Application / Trial Judgment

Legal Issues

  1. 1 Whether the applicants' dismissals for refusal to work constituted dismissals for participating in an unprotected strike.
  2. 2 Whether the respondent complied with mandatory procedures prior to dismissal, including contacting the union and issuing an ultimatum.
  3. 3 Whether the applicants' demands for adequate security were reasonable under the circumstances.

Ratio Decidendi

The applicants' refusal to work constituted unprotected strike action as defined by the Labour Relations Act, since it was a concerted refusal to work aimed at remedying a grievance regarding inadequate security. The respondent failed to comply with mandatory procedures by not contacting the union or issuing an ultimatum prior to dismissal. The applicants' demands for adequate security were reasonable given the violent context of the SATAWU strike. The respondent's failure to engage constructively with the union and to provide an ultimatum rendered the dismissals both substantively and procedurally unfair. Maximum compensation is warranted, but the applicants' unreasonable rejection of a...

Court Disposition

The dismissals of the second and further applicants are declared substantively and procedurally unfair. Maximum compensation is awarded; no order as to costs.

Orders

  • The dismissals of the second and further applicants are declared to be substantively and procedurally unfair.
  • The respondent is ordered to pay each of the second and further applicants an amount equivalent to 12 months' remuneration calculated at the individual’s rate of pay on the date of dismissal, within one month of the date of this judgment.