Association of Mineworkers and Construction Workers Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Limited (JS652/18)
Association of Mineworkers and Construction Workers Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Limited (JS652/18) [2024] ZALCJHB 485; [2025] 3 BLLR 273 (LC); (2025) 46 ILJ 1160 (LC) (6 December 2024)
The court found that Mr Ntuli was dismissed for poor work performance and misconduct, not because of his union activities or position as a shop steward. The evidence established that Mr Ntuli failed to meet the required performance standards, neglected his contractual duties, and engaged in disorderly conduct by leading and participating in disruptive actions. The respondent provided counselling, training, and opportunities for improvement, but Mr Ntuli did not remedy his deficiencies. The court held that the protection afforded to shop stewards does not extend to conduct that breaches contra…
Source excerpt
- Poor Work Performance
- Automatically Unfair Dismissal
- Union Activity Protection
- Conflict Of Interest
- Disciplinary Procedure
- Substantive Fairness