LEWUSA obo Members v Clear Water Farms (JS861/10) [2015] ZALCJHB 459 (25 November 2015)

LEWUSA obo Members v Clear Water Farms (JS861/10) [2015] ZALCJHB 459 (25 November 2015)

The court found that the applicants were dismissed by the respondent, as they were told their services were no longer needed and were not contacted thereafter. The evidence established that the real reason for dismissal was the applicants' refusal to resign from their trade union, LEWUSA, and not join the union introduced by the respondent. This conduct by the respondent amounted to penalizing the applicants for exercising their rights under section 5 of the LRA, rendering the dismissal automatically unfair under section 187(1)(d). The respondent failed to rebut the credible possibility of automatically unfair dismissal and did not prove any legitimate operational requirements justifying...

Citation
[2015] ZALCJHB 459
Parties
Applicant: LEWUSA obo Members; Respondent: Clear Water Farms
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 November 2015
Case Number
JS861/10
Procedural Posture
Trial Civil / Judgment After Trial
Outcome
Application granted. Dismissal declared automatically unfair. Maximum compensation awarded. Costs awarded to applicants.
Judges
Baloyi
Legal Topics
Automatically Unfair Dismissal, Trade Union Membership, Section 187 Lra, Section 5 Lra, Compensation for Unfair Dismissal
Labour Law Automatically Unfair Dismissal Trade Union Membership Section 187 Lra Section 5 Lra Compensation for Unfair Dismissal

Case Brief

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Parties

LEWUSA obo Members

Applicant

Clear Water Farms

Respondent

Procedural Posture

Trial Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the applicants were dismissed by the respondent.
  2. 2 Whether the dismissal was automatically unfair under section 187(1)(d) of the LRA due to refusal to resign from their trade union.
  3. 3 Whether reinstatement or compensation is the appropriate remedy.

Ratio Decidendi

The court found that the applicants were dismissed by the respondent, as they were told their services were no longer needed and were not contacted thereafter. The evidence established that the real reason for dismissal was the applicants' refusal to resign from their trade union, LEWUSA, and not join the union introduced by the respondent. This conduct by the respondent amounted to penalizing the applicants for exercising their rights under section 5 of the LRA, rendering the dismissal automatically unfair under section 187(1)(d). The respondent failed to rebut the credible possibility of automatically unfair dismissal and did not prove any legitimate operational requirements justifying...

Court Disposition

Application granted. Dismissal declared automatically unfair. Maximum compensation awarded. Costs awarded to applicants.

Orders

  • The dismissal of the applicants is declared automatically unfair under section 187(1)(d).
  • The respondent is ordered to pay compensation to each applicant equivalent to 24 months' remuneration, calculated at the rate of remuneration such applicant earned on the date of dismissal.