SATAWU obo Mtshweni v Xinergistix Management Services Proprietary Limited (JS326/12)
SATAWU obo Mtshweni v Xinergistix Management Services Proprietary Limited (JS326/12) [2014] ZALCJHB 523 (6 November 2014)
The court found that the applicant was part of a strike that commenced on 4 December 2011. Although the other drivers were dismissed on 6 December 2011, the applicant's absence was justified by sick leave and other reasons. However, when ultimatums were issued to return to work, the applicant failed to contradict the respondent's allegation that he continued to participate in the strike. The court held that the nature of the strike does not change when only one striker remains; the applicant remained on strike. Regarding procedural fairness, the court found that the applicant was given opport…
Source excerpt
- Unfair Dismissal
- Strike Definition
- Procedural Fairness
- Disciplinary Hearing Requirement