National Union of Mineworkers obo Masha and Others v SAMANCOR Limited (Eastern Chromes Mines) and Others (CCT 154/20)
National Union of Mineworkers obo Masha and Others v SAMANCOR Limited (Eastern Chromes Mines) and Others (CCT 154/20) [2021] ZACC 16; (2021) 42 ILJ 1881 (CC); [2021] 9 BLLR 883 (CC); 2021 (10) BCLR 1191 (CC) (22 June 2021)
The Constitutional Court granted condonation for the late filing of the application, finding the delay minimal and satisfactorily explained. The Court held that the matter engaged constitutional issues, specifically the right to fair labour practices and access to justice, thus its jurisdiction was established. However, the Court found no reasonable prospects of success on the merits, as the evidence did not support inconsistency in discipline and the sanction of dismissal was justified given the seriousness of the misconduct. The Labour Appeal Court's finding that the employees breached heal…
Source excerpt
- Unfair Dismissal
- Costs In Labour Matters
- Inconsistency Of Discipline
- Right To Fair Labour Practices
- Section 23 Constitution
- Section 162 Labour Relations Act