Gatusa o.b.o. Nakedi and Others v Sibukhali Corp CC (JS1060/02) [2003] ZALC 139 (5 February 2003)
The court found that the applicants were dismissed for participating in a protected strike. As the respondent was absent and did not present any evidence, it failed to discharge the onus of proving that the dismissals were fair. Consequently, the dismissals were held to be both procedurally and substantively unfair....
Source-derived case information.
- Citation
- [2003] ZALC 139
- Parties
- Applicant: Gatusa obo M Nakedi and 5 Others; Respondent: Sibukhali Corps CC
- Court
- Labour Court
- Jurisdiction
- South Africa
- Case Number
- JS1060/02
- Procedural Posture
- Labour Unfair Dismissal / Trial
- Outcome
- The dismissals of the six applicants were declared procedurally and substantively unfair. Compensation was awarded.
- Judges
- E Revelas
- Legal Topics
- Unfair Dismissal, Protected Strike, Compensation for Unfair Dismissal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gatusa obo M Nakedi and 5 Others
Applicant
Sibukhali Corps CC
Respondent
Procedural Posture
Labour Unfair Dismissal / Trial
Legal Issues
- 1 Whether the dismissal of the six applicants for participating in a protected strike was procedurally and substantively fair.
- 2 Whether the respondent discharged the onus of proving the fairness of the dismissals.
Ratio Decidendi
The court found that the applicants were dismissed for participating in a protected strike. As the respondent was absent and did not present any evidence, it failed to discharge the onus of proving that the dismissals were fair. Consequently, the dismissals were held to be both procedurally and substantively unfair. The applicants were entitled to compensation equivalent to seven months' remuneration at the rate applicable at the time of their dismissal.
Court Disposition
The dismissals of the six applicants were declared procedurally and substantively unfair. Compensation was awarded.
Orders
- The respondent is ordered to pay the six applicants compensation equal to seven months' remuneration at the rate applicable to them at the time of their dismissal.
Full Case Text
Judgment text and source record
16 paragraphs
Sneller Verbatim/MS
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JS1060/02
2003-02-05
In the matter between
GATUSA obo M NAKEDI AND 5 OTHERS Applicant
and
SIBUKHALI CORPS CC Respondent
________________________________________________________________
J U D G M E N T
REVELAS, J:
Based on the evidence, which was presented in the absence of the respondent, I come to the conclusion that the six applicants in this matter have been dismissed for participating in what seems to be a protected strike. The respondent, due to its absence, is therefore unable to discharge the onus, that the termination of the services of the six applicants was fair.
Accordingly, I find that the dismissals were procedurally and substantively unfair. The dismissals took place on 5 August 2002 and accordingly it is ordered, that the applicant pay the six respondents compensation equal to 7 months remuneration, at the rate of the remuneration applicable to them at the time of their dismissal.
1.
__________________
E. Revelas