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[2017] ZALCJHB 441
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Mngomezulu and Another v Nestle South Africa (Pty) Ltd (JS235/17) [2017] ZALCJHB 441 (24 November 2017)
Not
reportable
THE
LABOUR COURT OF SOUTH AFRICA,
HELD
AT JOHANNESBURG
C
ase
No: JS235/17
In
the matter between:
SIPHO
AMOS MNGOMEZULU
First Applicant
PHILLIP
MABUYI
Second Applicant
and
NESTLE SOUTH AFRICA (PTY) LTD
Respondent
Heard
:
21 November 2017
Delivered
:
24 November 2017
Default
judgment
LAGRANGE
J
[1]
Having considered the contents of the statement of claim as confirmed
on affidavit by the applicants, I am satisfied that the
applicants
were unfairly dismissed for exercising their rights to seek a
determination under
s 198
of the
Labour Relations Act, 66 of 1995
declaring them to be permanent employees and for participating in
proceedings under that section. Accordingly their dismissals
were
automatically unfair in terms of
sections 187(d)
(i) and (ii) of the
Labour Relations Act 66 of 1995
.
[2]
There being no evidence why they ought not to be reinstated,
reinstatement appears to be the appropriate relief.
Order
[1]
The applicants dismissals at the end of June 2016 were automatically
unfair and the respondent
must reinstate the applicants with
retrospective effect to the date of their dismissal within 5 days of
the applicants tendering
their services to the respondent and
provided that a copy of this order has been served on the respondent
on or before the date
they tender their services.
[2]
The applicants must tender their services within 10 days of receipt
of this order.
[3]
No order is made as to costs.
_______________________
Lagrange
J
Judge
of the Labour Court of South Africa
APPEARANCES
APPLICANTS:
In
person
RESPONDENT:
No
appearance