LABOUR COURT JUDGMENT: Common purpose & strikers singing struggle songs. Dis-chem employees embarked on a protected strike. There were various acts of violence during the strike. The Labour Court granted an interdict against breaches of the picketing rules. Breaches continued, and the Labour Court granted an interdict prohibiting picketing. After these orders were made, there were further incidents, including an incident involving a bus which transported employees to 2 Dis-chem stores where some employees disembarked and disrupted operations at the stores. Others remained on the bus and sang struggle songs. The employees were dismissed and they challenged the fairness of their dismissals. One of their challenges pertained to employees who remained on the bus. It was argued that they were unfairly dismissed based on the principles on common purpose. The court found that those who had remained on the bus had not acted in concert with those who disembarked from the bus, as there was no evidence that they had an intention to commit violence and they had shown no outward manifestations of support for those who had disembarked from the bus (other than singing struggle songs). The court accepted that "singing struggle songs is part and parcel of the culture of resistance, and is a feature of labour disputes, political rallies and service delivery protests". However, the court found that the conduct of those who remained on the bus was nonetheless serious misconduct, as it was in breach of the two court orders, and although common purpose had not been established, they had shown allegiance with the unlawful acts of their colleagues. As a result, the court declined to interfere with the Commissioner's finding that their dismissal was substantively fair.
Thabiso Magaela
4mo
Kamo pls do mail me. thokozilepheto@gmail.com it's Magaela
Emmanuel Jula
4mo
A very thin line for employees who resort to violence and intolerance when the strike is not giving them what they demand. Should be clear that job preservation is the key for all
Olwethu Moyikwa
3mo
no fight without casualties only way to be taken serious is for some to lose in order for some people to gain// look at apartheid era many innocent lives were lost in order for cruel individuals like leaders of the ANC to Prosper
Andrew Goldberg
4mo
Great decision…
Sandiswa Nxawe
4mo
Great appropriate sanction
Abigail Butcher
4mo
Congratulations on this, Asma Cachalia and Hugo Pienaar 👌
Group HR officer at K&F Industries and Naxos Baking Technologies Director at Thitha Solutions
4moEmployees need to be careful and always prioritise their bread over making a point. Its easy to go from fighting for a higher income to getting no income at all.