Umjwara and Others v Tiger Brands (Pty) Ltd t/a Albany Bakeries (JS696/14) [2016] ZALCJHB 483 (2 December 2016)

Umjwara and Others v Tiger Brands (Pty) Ltd t/a Albany Bakeries (JS696/14) [2016] ZALCJHB 483 (2 December 2016)

The court found that the applicants engaged in an unauthorised work stoppage on 4 June 2014, motivated by grievances regarding uniforms and employment requirements. The evidence did not support the applicants' claim that management prevented them from working by confiscating their keys. The respondent issued multiple ultimatums and provided notice of disciplinary hearings, affording the applicants and their union representative sufficient opportunity to state their case. The union representative, Mr. Luthuli, failed to communicate critical information to the applicants and conducted himself inappropriately during proceedings. The disciplinary process was fair, and the dismissals were...

Citation
[2016] ZALCJHB 483
Parties
Applicant: Shadrack Umjwara & Others; Respondent: Tiger Brands (Pty) Ltd t/a Albany Bakeries
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 December 2016
Case Number
JS696/14
Procedural Posture
Unfair Dismissal Application / Trial
Outcome
Claim dismissed. Costs awarded against the union representative personally.
Judges
Omphemetse Mooki
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Strike Action, Union Representation, Costs Order
Labour Law Unfair Dismissal Disciplinary Procedure Strike Action Union Representation Costs Order

Case Brief

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Parties

Shadrack Umjwara & Others

Applicant

Tiger Brands (Pty) Ltd t/a Albany Bakeries

Respondent

Procedural Posture

Unfair Dismissal Application / Trial

Legal Issues

  1. 1 Whether the applicants were unfairly dismissed for participating in an unauthorised work stoppage.
  2. 2 Whether the disciplinary process afforded the applicants a fair opportunity to state their case.
  3. 3 Whether the union representative conducted himself appropriately in representing the applicants.

Ratio Decidendi

The court found that the applicants engaged in an unauthorised work stoppage on 4 June 2014, motivated by grievances regarding uniforms and employment requirements. The evidence did not support the applicants' claim that management prevented them from working by confiscating their keys. The respondent issued multiple ultimatums and provided notice of disciplinary hearings, affording the applicants and their union representative sufficient opportunity to state their case. The union representative, Mr. Luthuli, failed to communicate critical information to the applicants and conducted himself inappropriately during proceedings. The disciplinary process was fair, and the dismissals were...

Court Disposition

Claim dismissed. Costs awarded against the union representative personally.

Orders

  • The claim is dismissed.
  • Mr. E Luthuli, the representative of the applicants, is ordered to pay costs.