Mbele and Others v Chainpack (Pty) Ltd and Others (JS940/13) [2016] ZALCJHB 191; (2016) 37 ILJ 2107 (LC) (5 April 2016)

Mbele and Others v Chainpack (Pty) Ltd and Others (JS940/13) [2016] ZALCJHB 191; (2016) 37 ILJ 2107 (LC) (5 April 2016)

The court found that the applicants, as union members, were bound by the collective agreement and peace treaty, which expressly prohibited unprotected industrial action. The applicants participated in an unprotected strike without following agreed dispute resolution procedures or obtaining union sanction, despite clear warnings and a valid ultimatum from the employer. The employer complied with all procedural requirements under the Labour Relations Act and the Code of Good Practice, including contacting the union, issuing a clear ultimatum, and allowing time for reflection. The applicants' repeated breaches, gross insubordination, and disregard for both union and employer instructions...

Citation
[2016] ZALCJHB 191
Parties
Applicant: Jacob Mbele & 51 Others; Respondent: Chainpack (Pty) Ltd; Respondent: King Glory Packaging (Pty) Ltd; Respondent: KCY Property Investment (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 April 2016
Case Number
JS940/13
Procedural Posture
Unfair Dismissal Application / Judgment After Hearing on Merits
Outcome
Application dismissed.
Judges
Mosime
Legal Topics
Unprotected Strike, Collective Agreement, Dismissal for Misconduct, Procedural Fairness, Substantive Fairness, Peace Obligation
Labour Law Civil Procedure Unprotected Strike Collective Agreement Dismissal for Misconduct Procedural Fairness Substantive Fairness Peace Obligation

Case Brief

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Parties

Jacob Mbele & 51 Others

Applicant

Chainpack (Pty) Ltd

Respondent

King Glory Packaging (Pty) Ltd

Respondent

KCY Property Investment (Pty) Ltd

Respondent

Procedural Posture

Unfair Dismissal Application / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the applicants' dismissal for participation in an unprotected strike was substantively and procedurally fair.
  2. 2 Whether the applicants were bound by the collective agreement and peace treaty in relation to industrial action.
  3. 3 Whether the employer complied with the requirements of the Labour Relations Act and Code of Good Practice before dismissal.

Ratio Decidendi

The court found that the applicants, as union members, were bound by the collective agreement and peace treaty, which expressly prohibited unprotected industrial action. The applicants participated in an unprotected strike without following agreed dispute resolution procedures or obtaining union sanction, despite clear warnings and a valid ultimatum from the employer. The employer complied with all procedural requirements under the Labour Relations Act and the Code of Good Practice, including contacting the union, issuing a clear ultimatum, and allowing time for reflection. The applicants' repeated breaches, gross insubordination, and disregard for both union and employer instructions...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs; each party is to pay its own costs.