Sneller Verbatim/idm
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J4267/99
2002-08-19
In the matter between
SAACOWU obo MAJORIE HLONGWANE & 2 OTHERSApplicants
and
PANDROL SOUTH AFRICA Respondent
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J U D G M E N T
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REVELAS J:
1. On the undisputed evidence before me in this matter, I
find that there was no proper procedure followed in
terminating the services of the applicant and no valid
reason for the termination.
2. The three applicants' services were terminated on 7 May
1999. According to the evidence of the three
individual applicants, the reason behind their
dismissal was the fact that they refused to work
overtime as offered to them.
1. 1. 3. The respondent, who bears the onus to show that
the dismissals were fair, has not appeared in court
today, despite the fact that notice of set down had
been served on the respondents notifying them of the
trial date. Therefore the matter has to be decided by
default, and as stated, on the evidence before me the
dismissal was unfair.
4. I therefore make the following order:
1 The dismissal of the three applicants was procedurally
and substantively unfair.
2 The respondent is to reinstate the three individual
applicants with retrospective effect from the date of
their dismissal, on the same terms and conditions
applicable to them at the time of their dismissal.
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E. Revelas