National Union of Mine Workers and Others v Free State Consolidated Gold Mines (287/93) [1995] ZASCA 109; 1996 (1) SA 422 (SCA); [1995] 12 BLLR 8 (AD); (1995) 16 ILJ 1371 (A) (21 September 1995)

National Union of Mine Workers and Others v Free State Consolidated Gold Mines (287/93) [1995] ZASCA 109; 1996 (1) SA 422 (SCA); [1995] 12 BLLR 8 (AD); (1995) 16 ILJ 1371 (A) (21 September 1995)

The Supreme Court of Appeal held that while the stay-away constituted misconduct and justified disciplinary action, the sanction of dismissal was excessive and inequitable under the circumstances. The court found that the stay-away was not an ordinary case of absenteeism but a collective protest motivated by legitimate grievances. The disciplinary codes provided for progressive discipline and were not to be rigidly applied. The selective dismissal of employees with prior warnings was unfair, as their misconduct was substantially similar to that of other participants who were not dismissed. The court concluded that all participants should have been treated consistently and that a further...

Citation
[1995] ZASCA 109
Parties
Appellant: National Union of Mine Workers; Respondent: Free State Consolidated Gold Mines (Operations) Ltd - President Steyn Mine; President Brand Mine; Freddies Mine
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 September 1995
Case Number
287/93
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court and Cross Appeal
Outcome
Appeal upheld; cross-appeal dismissed. Dismissals declared unfair labour practices. Reinstatement ordered. Outstanding issues to be determined by the Industrial Court if parties cannot agree.
Judges
Joubert, Hefer, Nestadt, F H Grosskopf, Scott
Legal Topics
Unfair Dismissal, Collective Action, Progressive Discipline, Industrial Action, Reinstatement, Labour Relations Act
Labour Law Unfair Dismissal Collective Action Progressive Discipline Industrial Action Reinstatement Labour Relations Act

Case Brief

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Parties

National Union of Mine Workers

Appellant

Free State Consolidated Gold Mines (Operations) Ltd - President Steyn Mine; President Brand Mine; Freddies Mine

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court and Cross Appeal

Legal Issues

  1. 1 Whether the dismissal of employees for participating in a stay-away constituted an unfair labour practice under the Labour Relations Act, 1956.
  2. 2 Whether participation in the stay-away was a valid and fair reason for dismissal.
  3. 3 Whether the sanction of dismissal was appropriate and equitable given the circumstances.

Ratio Decidendi

The Supreme Court of Appeal held that while the stay-away constituted misconduct and justified disciplinary action, the sanction of dismissal was excessive and inequitable under the circumstances. The court found that the stay-away was not an ordinary case of absenteeism but a collective protest motivated by legitimate grievances. The disciplinary codes provided for progressive discipline and were not to be rigidly applied. The selective dismissal of employees with prior warnings was unfair, as their misconduct was substantially similar to that of other participants who were not dismissed. The court concluded that all participants should have been treated consistently and that a further...

Court Disposition

Appeal upheld; cross-appeal dismissed. Dismissals declared unfair labour practices. Reinstatement ordered. Outstanding issues to be determined by the Industrial Court if parties cannot agree.

Orders

  • The order of the Labour Appeal Court is set aside and replaced with an order declaring the dismissals to be unfair labour practices.
  • The respondent is directed to reinstate the individual applicants in their employment.