Numsa ordered to pay R132 000 over ‘shock¬ing’ dismissal
The National Union of Metalworkers of SA (Numsa) has been ordered to pay R132 000 to a man after failing to properly pursue his dismissal case, reports The Herald.
Sibonakaliso Zwane alleged his former employer, Eagle Spring Manufacturers, unfairly dismissed him and that Numsa culpably failed to refer the dismissal to the Labour Court on the basis that it was automatically unfair.
Zwane argued that had the union pursued the matter, he would have been reinstated and awarded compensation equivalent to 24 months’ salary, bringing his total compensable loss to R528 000.
Gauteng High Court (Johannesburg) Judge Stuart Wilson said Zwane’s dismissal was ‘extremely shocking’.
‘Taking into account the complete failure to afford Mr Zwane any form of pre-dismissal hearing, the transparent masquerade of the internal appeal, and Mr Zwane’s lengthy service of over 30 years, it seems to me that Mr Zwane would probably have succeeded in a claim for the maximum amount available under the Labour Relations Act for a procedurally unfair dismissal: an amount equivalent to twelve months’ salary.’
In May 2016, Zwane was told his employment would terminate with immediate effect.
He was informed that the decision followed several serious grievances against him, including allegations of intimidating other employees and misconduct during working hours.
Zwane challenged his dismissal through an internal appeal, but the appeal was unsuccessful.
The matter was subsequently referred to arbitration through the Bargaining Council.
However, the arbitration took a long time to conclude, spanning 18 hearing days over three years.
During the proceedings, Eagle Spring made Zwane a without-prejudice offer of compensation equivalent to 12 months’ salary, apparently in recognition that the dismissal may have been procedurally unfair.
According to The Herald, the company, however, refused to reinstate him, and Zwane rejected the offer.
On 15 September 2019 an arbitrator at the Bargaining Council found Zwane’s dismissal was both procedurally and substantively fair.
Numsa, acting on Zwane’s behalf, approached the Labour Court on 8 November 2019, seeking to review and set aside the award but challenged only the procedural aspects of the dismissal.
The court found that, whatever the merits of the Bargaining Council finding on the substantive fairness of the dismissal, that issue appeared to have been accepted by the time the matter reached court.
It also accepted Zwane had been involved in the decision not to challenge that finding, meaning that the substantive unfairness challenge effectively fell away when the review proceedings were launched.
However, there was no suggestion Zwane had authorised Numsa to abandon the review or agreed to the union not opposing Eagle Spring’s application to have the matter deemed withdrawn.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





