SACCAWU obo Ramontlhe and Others v Sun City (JA22/2018) [2019] ZALAC 67; (2020) 41 ILJ 160 (LAC) (16 October 2019)

SACCAWU obo Ramontlhe and Others v Sun City (JA22/2018) [2019] ZALAC 67; (2020) 41 ILJ 160 (LAC) (16 October 2019)

The court found that the appellants participated in an unprotected strike in deliberate breach of a Labour Court interdict, constituting serious misconduct. The evidence demonstrated that Sun City addressed the complaints of racism and sexual harassment raised by employees, including meeting with unions, issuing public statements, and evicting the guest accused of sexual assault. The case presented on appeal differed materially from the pleaded case, and the employer's response was adequate and timely. The parity principle was not violated, as disciplinary action was taken against all identified participants. Given the leadership roles of the shop stewards and their flagrant disregard for...

Citation
[2019] ZALAC 67
Parties
Appellant: SACCAWU obo Ramontlhe and 2 Others; Respondent: Sun City
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
16 October 2019
Case Number
JA22/2018
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Davis, Coppin, Murphy
Legal Topics
Unfair Dismissal, Unprotected Strike, Disciplinary Sanction, Parity Principle, Item 6 Schedule 8 Lra
Labour Law Civil Procedure Unfair Dismissal Unprotected Strike Disciplinary Sanction Parity Principle Item 6 Schedule 8 Lra

Case Brief

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Parties

SACCAWU obo Ramontlhe and 2 Others

Appellant

Sun City

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the dismissal of employees for participating in an unprotected strike was substantively fair.
  2. 2 Whether the employer's conduct justified the employees' participation in the unprotected strike.
  3. 3 Whether the parity principle was correctly applied in the disciplinary process.

Ratio Decidendi

The court found that the appellants participated in an unprotected strike in deliberate breach of a Labour Court interdict, constituting serious misconduct. The evidence demonstrated that Sun City addressed the complaints of racism and sexual harassment raised by employees, including meeting with unions, issuing public statements, and evicting the guest accused of sexual assault. The case presented on appeal differed materially from the pleaded case, and the employer's response was adequate and timely. The parity principle was not violated, as disciplinary action was taken against all identified participants. Given the leadership roles of the shop stewards and their flagrant disregard for...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed.
  • Appellants are ordered to pay the costs of the appeal, including the costs of two counsel.