Mngomezulu and Another v Nestle South Africa (Pty) Ltd (JS235/17) [2017] ZALCJHB 441 (24 November 2017)

Mngomezulu and Another v Nestle South Africa (Pty) Ltd (JS235/17) [2017] ZALCJHB 441 (24 November 2017)

The court found that the applicants were dismissed for exercising their statutory rights under section 198 of the Labour Relations Act, specifically seeking a determination of their status as permanent employees and participating in related proceedings. Such dismissals are automatically unfair in terms of sections 187(d)(i) and (ii) of the Act. As there was no evidence presented to justify denying reinstatement, the court ordered that the applicants be reinstated with retrospective effect to the date of their dismissal.

Citation
[2017] ZALCJHB 441
Parties
Applicant: Sipho Amos Mngomezulu; Applicant: Phillip Mabuyi; Respondent: Nestle South Africa (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 November 2017
Case Number
JS235/17
Procedural Posture
Default Judgment / Trial
Outcome
Applicants' dismissals were automatically unfair; reinstatement ordered.
Judges
Lagrange
Legal Topics
Automatic Unfair Dismissal, Section 198 Lra, Reinstatement, Employee Status
Labour Law Automatic Unfair Dismissal Section 198 Lra Reinstatement Employee Status

Case Brief

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Parties

Sipho Amos Mngomezulu

Applicant

Phillip Mabuyi

Applicant

Nestle South Africa (Pty) Ltd

Respondent

Procedural Posture

Default Judgment / Trial

Legal Issues

  1. 1 Whether the applicants were automatically unfairly dismissed for exercising rights under section 198 of the Labour Relations Act.
  2. 2 Whether reinstatement is the appropriate remedy for the applicants.

Ratio Decidendi

The court found that the applicants were dismissed for exercising their statutory rights under section 198 of the Labour Relations Act, specifically seeking a determination of their status as permanent employees and participating in related proceedings. Such dismissals are automatically unfair in terms of sections 187(d)(i) and (ii) of the Act. As there was no evidence presented to justify denying reinstatement, the court ordered that the applicants be reinstated with retrospective effect to the date of their dismissal.

Court Disposition

Applicants' dismissals were automatically unfair; reinstatement ordered.

Orders

  • The applicants' dismissals at the end of June 2016 were automatically unfair.
  • The respondent must reinstate the applicants with retrospective effect to the date of their dismissal within 5 days of the applicants tendering their services and provided that a copy of this order has been served on the respondent on or before the date they tender their services.