Southern African Clothing And Textile Workers Union v Wayne Plastics, A Division of Feltex Holdings (Pty) Ltd (JS830/2011) [2014] ZALCJHB 448 (14 July 2014)

Southern African Clothing And Textile Workers Union v Wayne Plastics, A Division of Feltex Holdings (Pty) Ltd (JS830/2011) [2014] ZALCJHB 448 (14 July 2014)

The court found that the dismissal of six employees for participation in the go-slow was substantively unfair due to arbitrary and inconsistent selection for disciplinary action, as the process lacked objective criteria and discipline was not applied uniformly to all participants. Regarding the strike dismissals, the court held that the employer had, by 16 August 2011, agreed to apply the main agreement, thus meeting the union's demand and rendering the strike unprotected. Although the dismissals for strike participation were not automatically unfair, the sanction of dismissal was too harsh given the absence of violence, the short duration of the strike, and the lack of extreme...

Citation
[2014] ZALCJHB 448
Parties
Applicant: Southern African Clothing And Textile Workers Union; Respondent: Wayne Plastics, A Division of Feltex Holdings (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 July 2014
Case Number
JS830/2011
Procedural Posture
Trial / Judgment After Trial
Outcome
The dismissals for participation in the go-slow and unprotected strike were substantively unfair. Compensation, not reinstatement, was awarded.
Judges
Van Niekerk
Legal Topics
Unprotected Strike, Go Slow, Dismissal for Strike Action, Substantive Fairness, Procedural Fairness, Compensation for Unfair Dismissal
Labour Law Unprotected Strike Go Slow Dismissal for Strike Action Substantive Fairness Procedural Fairness Compensation for Unfair Dismissal

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Parties

Southern African Clothing And Textile Workers Union

Applicant

Wayne Plastics, A Division of Feltex Holdings (Pty) Ltd

Respondent

Procedural Posture

Trial / Judgment After Trial

Legal Issues

  1. 1 Was the dismissal of employees for participation in a go-slow and unprotected strike substantively and procedurally fair?
  2. 2 Did the employer act consistently and fairly in selecting employees for disciplinary action?
  3. 3 Was the strike protected under the Labour Relations Act, and did the employer comply with its obligations regarding changes to terms and conditions of employment?

Ratio Decidendi

The court found that the dismissal of six employees for participation in the go-slow was substantively unfair due to arbitrary and inconsistent selection for disciplinary action, as the process lacked objective criteria and discipline was not applied uniformly to all participants. Regarding the strike dismissals, the court held that the employer had, by 16 August 2011, agreed to apply the main agreement, thus meeting the union's demand and rendering the strike unprotected. Although the dismissals for strike participation were not automatically unfair, the sanction of dismissal was too harsh given the absence of violence, the short duration of the strike, and the lack of extreme...

Court Disposition

The dismissals for participation in the go-slow and unprotected strike were substantively unfair. Compensation, not reinstatement, was awarded.

Orders

  • The dismissal of employees for participation in the go-slow and unprotected strike was substantively unfair.
  • All employees listed in Annexure A to the statement of claim are awarded compensation equivalent to 12 months’ remuneration, calculated at the rate payable at the date of dismissal.