Thobela and Others v Apollo Bricks (Pty) Ltd (JA 34/2019) [2021] ZALAC 26; [2021] 8 BLLR 787 (LAC); (2021) 42 ILJ 1940 (LAC) (31 May 2021)

Thobela and Others v Apollo Bricks (Pty) Ltd (JA 34/2019) [2021] ZALAC 26; [2021] 8 BLLR 787 (LAC); (2021) 42 ILJ 1940 (LAC) (31 May 2021)

The Labour Appeal Court found that the arbitrator's award upholding the dismissals was reasonable and supported by the evidence. The appellants failed to prove that the alleged provocation justified their conduct or that any of the dismissed employees were not involved in the misconduct. The evidence, including...

Source-derived case information.

Citation
[2021] ZALAC 26
Parties
Appellant: Paul Thobela and 52 Others; Appellant: National Union of Mineworkers; Respondent: Apollo Bricks (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
31 May 2021
Case Number
JA 34/2019
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award
Outcome
Appeal dismissed with costs.
Judges
Davis, Murphy, Savage
Legal Topics
Strike Misconduct, Common Purpose, Procedural Fairness, Substantive Fairness, Costs Award
Labour Law Strike Misconduct Common Purpose Procedural Fairness Substantive Fairness Costs Award

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Paul Thobela and 52 Others

Appellant

National Union of Mineworkers

Appellant

Apollo Bricks (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the dismissals of the individual appellants were procedurally and substantively fair.
  2. 2 Whether the arbitrator's award was reasonable in light of the evidence presented.
  3. 3 Whether the second appellant (NUM) was properly subject to an adverse costs order.

Ratio Decidendi

The Labour Appeal Court found that the arbitrator's award upholding the dismissals was reasonable and supported by the evidence. The appellants failed to prove that the alleged provocation justified their conduct or that any of the dismissed employees were not involved in the misconduct. The evidence, including video and photographs, established the participation of the appellants in violent and obstructive acts, and no material evidence was ignored by the arbitrator. The procedural fairness challenge regarding union representation was addressed by legal argument and did not warrant overturning the award. The second appellant, NUM, was properly subject to the costs order due to its active...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellants are to pay the respondent's costs.