National Transport Movement (NTM) and Others v Passenger Rail Agency of South Africa Limited (PRASA) (JA43/16) [2017] ZALAC 71; [2018] 2 BLLR 141 (LAC); (2018) 39 ILJ 560 (LAC) (21 November 2017)

National Transport Movement (NTM) and Others v Passenger Rail Agency of South Africa Limited (PRASA) (JA43/16) [2017] ZALAC 71; [2018] 2 BLLR 141 (LAC); (2018) 39 ILJ 560 (LAC) (21 November 2017)

The Labour Appeal Court found that PRASA failed to prove that the train burnings were committed by the striking employees or that the dismissed employees had any actual knowledge of the arson or the perpetrators. The evidence relied upon by PRASA was contradictory and unsubstantiated, and the forensic reports did not implicate the strikers. The process for making representations was irrational and unfair, as individual responses were accepted despite being less substantive than the union's collective response, which was rejected. The penalty of dismissal was not applied consistently, with some employees reinstated without explanation. The principle of derivative misconduct was misapplied,...

Citation
[2017] ZALAC 71
Parties
Appellant: National Transport Movement (NTM); Appellant: M Tau and others; Respondent: Passenger Rail Agency of South Africa Limited (PRASA)
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
21 November 2017
Case Number
JA43/16
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld; Labour Court judgment set aside; dismissals found procedurally and substantively unfair; employees reinstated with retrospective back pay; costs awarded to appellants.
Judges
Tlaletsi, Landman, Kathree-Setiloane
Legal Topics
Unfair Dismissal, Derivative Misconduct, Procedural Fairness, Consistency in Dismissal, Reinstatement, Collective Bargaining Rights
Labour Law Unfair Dismissal Derivative Misconduct Procedural Fairness Consistency in Dismissal Reinstatement Collective Bargaining Rights

Case Brief

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Parties

National Transport Movement (NTM)

Appellant

M Tau and others

Appellant

Passenger Rail Agency of South Africa Limited (PRASA)

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the dismissal of over 700 employees during a protected strike was procedurally and substantively fair.
  2. 2 Whether the principle of derivative misconduct was correctly applied by the employer and the Labour Court.
  3. 3 Whether the evaluation process for representations was rational and fair.

Ratio Decidendi

The Labour Appeal Court found that PRASA failed to prove that the train burnings were committed by the striking employees or that the dismissed employees had any actual knowledge of the arson or the perpetrators. The evidence relied upon by PRASA was contradictory and unsubstantiated, and the forensic reports did not implicate the strikers. The process for making representations was irrational and unfair, as individual responses were accepted despite being less substantive than the union's collective response, which was rejected. The penalty of dismissal was not applied consistently, with some employees reinstated without explanation. The principle of derivative misconduct was misapplied,...

Court Disposition

Appeal upheld; Labour Court judgment set aside; dismissals found procedurally and substantively unfair; employees reinstated with retrospective back pay; costs awarded to appellants.

Orders

  • The appeal is upheld with costs.
  • The order of the Labour Court dismissing the action is set aside and replaced with an order that the dismissal of the employees is procedurally and substantively unfair.