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According to a report on SA Labour News
Robertson Abattoir workers win appeal against ‘formalistic’ unfair dismissal ruling
TUESDAY, 23 AUGUST 2016 14:23
GroundUp reports that Robertson Abattoir workers have successfully appealed a Labour Court (LC) judgment in their case of unfair dismissal.
The LC’s ruling against the workers last year was set aside on Monday by the Labour Appeal Court (LAC) and the workers’ case will now be sent back to the LC. In 2010 the Commercial Stevedoring and Allied Workers’ Union (CSAAWU) took up the case of 39 workers after they were dismissed for refusing to slaughter 850 animals a day when their contracts stipulated 600. The workers claimed that they were dismissed in a lockout on 30 November 2010, but their employer claimed they were dismissed during December 2010, following disciplinary hearings and not because they refused to slaughter 850 animals per day. In his ruling, Judge Davis criticised the “formalistic and technical” approach adopted by the LC, which had preferred formality over an enquiry into substantive justice. The Socio Economic Rights Institute of SA (SERI) represented CSAAWU and the workers in court.
Read this report by Ashleigh Furlong in full at GroundUp
Read SERI’s press statement in this regard at SERI online
Reported
[2016] 12 BLLR 1? (LAC)
Headnote
Lockout – “Termination” lockouts – Lockout resulting in final dismissals may fall within scope of section 187(1)(c) of LRA.