WBHO Construction (Pty) Ltd v Hlatshwayo N.O and Others (JA66/2018) [2020] ZALAC 28; (2020) 41 ILJ 2144 (LAC); [2020] 12 BLLR 1238 (LAC) (29 May 2020)

WBHO Construction (Pty) Ltd v Hlatshwayo N.O and Others (JA66/2018) [2020] ZALAC 28; (2020) 41 ILJ 2144 (LAC); [2020] 12 BLLR 1238 (LAC) (29 May 2020)

The Labour Appeal Court found that both the CCMA Commissioner and the Labour Court failed to properly appreciate the full scope of the misconduct, which included intimidation of both subcontractors and management, as well as the deliberate shutdown of the site. The evidence established that the workers collectively intimidated others and used force to halt work, a serious breach of labour relations norms. The mitigating factors relied upon by the Labour Court—such as confusion, financial hardship, and the manner of communication—were either unfounded or insufficient to outweigh the gravity of the misconduct. The Court held that only a zero-tolerance approach to mob conduct can uphold...

Citation
[2020] ZALAC 28
Parties
Appellant: WBHO Construction (Pty) Ltd; Respondent: Themba Hlatshwayo N.O.; Respondent: Commissioner for Conciliation, Mediation and Arbitration; Respondent: NUM obo Mvelase & Others
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
29 May 2020
Case Number
JA66/2018
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Reviewing CCMA Award
Outcome
Appeal upheld; dismissal of respondents found to be substantively fair.
Judges
Davis JA, Sutherland JA, Murphy AJA
Legal Topics
Unfair Dismissal, Intimidation, Protected Strike, Disciplinary Procedure, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Intimidation Protected Strike Disciplinary Procedure Review of Arbitration Award

Case Brief

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 Amounts and remedies 1
Sign in to unlock

Parties

WBHO Construction (Pty) Ltd

Appellant

Themba Hlatshwayo N.O.

Respondent

Commissioner for Conciliation, Mediation and Arbitration

Respondent

NUM obo Mvelase & Others

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment Reviewing CCMA Award

Legal Issues

  1. 1 Whether the dismissal of the workers for intimidation and site shutdown was substantively unfair.
  2. 2 Whether the Labour Court erred in its review of the CCMA award regarding the scope and seriousness of misconduct.
  3. 3 What is the appropriate sanction for the proven misconduct: dismissal or reinstatement without back-pay.

Ratio Decidendi

The Labour Appeal Court found that both the CCMA Commissioner and the Labour Court failed to properly appreciate the full scope of the misconduct, which included intimidation of both subcontractors and management, as well as the deliberate shutdown of the site. The evidence established that the workers collectively intimidated others and used force to halt work, a serious breach of labour relations norms. The mitigating factors relied upon by the Labour Court—such as confusion, financial hardship, and the manner of communication—were either unfounded or insufficient to outweigh the gravity of the misconduct. The Court held that only a zero-tolerance approach to mob conduct can uphold...

Court Disposition

Appeal upheld; dismissal of respondents found to be substantively fair.

Orders

  • The appeal is upheld.
  • The order of the Labour Court is set aside.