SACCAWU obo Mokebe and Others v Pick'n Pay Retailers (JA36/16)
SACCAWU obo Mokebe and Others v Pick'n Pay Retailers (JA36/16) [2017] ZALAC 55; [2017] 12 BLLR 1196 (LAC); (2018) 39 ILJ 201 (LAC) (26 September 2017)
The Labour Appeal Court found that the dismissals were both procedurally and substantively unfair. The employees participated in an unprotected strike for less than an hour, believing it was protected due to union communication failures. The employer did not issue a written ultimatum as required, nor did it allow individual employees to make representations before dismissal, despite undertaking to do so. The employer acted inconsistently by dismissing only some employees while others who committed the same misconduct received written warnings. The evidence did not support the finding that the…
Source excerpt
- Unprotected Strike
- Dismissal Sanction
- Procedural Fairness
- Consistency In Discipline
- Ultimatum Requirement
- Collective Vs Individual Hearing