Pailprint (Pty) Ltd v Lyster N.O and Others (DA18/2017) [2019] ZALAC 43; (2019) 40 ILJ 2047 (LAC); [2019] 10 BLLR 1139 (LAC) (13 June 2019)

Pailprint (Pty) Ltd v Lyster N.O and Others (DA18/2017) [2019] ZALAC 43; (2019) 40 ILJ 2047 (LAC); [2019] 10 BLLR 1139 (LAC) (13 June 2019)

The Labour Appeal Court found that the arbitrator adopted an unduly technical approach by focusing on whether the employees were 'brandishing or wielding' weapons, rather than considering the purpose of the picketing rule and the harm it sought to prevent. The rule expressly prohibited carrying or wielding any weapons during the picket, and the employees' conduct was a clear breach. The arbitrator failed to give appropriate weight to the seriousness of the breach, the context of strike violence, and the employer's right to enforce safety rules. The disciplinary code applied to strike misconduct, and the sanction of dismissal was not inconsistent with the code. The arbitrator's decision...

Citation
[2019] ZALAC 43
Parties
Appellant: Pailprint (Pty) Ltd; Respondent: Richard Lyster N.O; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: National Union of Metalworkers of South Africa; Respondent: Thokozani Maduna; Respondent: Tusokwake Nsele; Respondent: Nsebenzo Mvelase; Respondent: Mbongeni Wayise; Respondent: Mduduzi Rowls
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
13 June 2019
Case Number
DA18/2017
Procedural Posture
Review Application / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award
Outcome
Appeal upheld; arbitration award and Labour Court judgment set aside; dismissals found substantively fair.
Judges
Musi JA, Murphy, Savage AJA
Legal Topics
Strike Misconduct, Unfair Dismissal, Disciplinary Code, Review of Arbitration Award, Picketing Rules
Labour Law Civil Procedure Strike Misconduct Unfair Dismissal Disciplinary Code Review of Arbitration Award Picketing Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Pailprint (Pty) Ltd

Appellant

Richard Lyster N.O

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

National Union of Metalworkers of South Africa

Respondent

Thokozani Maduna

Respondent

Tusokwake Nsele

Respondent

Nsebenzo Mvelase

Respondent

Mbongeni Wayise

Respondent

Mduduzi Rowls

Respondent

Procedural Posture

Review Application / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity in finding the dismissals substantively unfair.
  2. 2 Whether the employees' conduct breached the picketing rule prohibiting carrying or wielding weapons.
  3. 3 Whether dismissal was an appropriate sanction for the breach.

Ratio Decidendi

The Labour Appeal Court found that the arbitrator adopted an unduly technical approach by focusing on whether the employees were 'brandishing or wielding' weapons, rather than considering the purpose of the picketing rule and the harm it sought to prevent. The rule expressly prohibited carrying or wielding any weapons during the picket, and the employees' conduct was a clear breach. The arbitrator failed to give appropriate weight to the seriousness of the breach, the context of strike violence, and the employer's right to enforce safety rules. The disciplinary code applied to strike misconduct, and the sanction of dismissal was not inconsistent with the code. The arbitrator's decision...

Court Disposition

Appeal upheld; arbitration award and Labour Court judgment set aside; dismissals found substantively fair.

Orders

  • The appeal succeeds with costs.
  • The judgment of the Labour Court is set aside and substituted as follows: The review application succeeds with costs.