Sneller Verbatim/MS
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JS1060/02
2003-02-05
In the matter between
GATUSA obo M NAKEDI AND 5 OTHERS Applicant
and
SIBUKHALI CORPS CC Respondent
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J U D G M E N T
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REVELAS, J:
1. Based on the evidence, which was presented in the absence
of the respondent, I come to the conclusion that the six
applicants in this matter have been dismissed for
participating in what seems to be a protected strike.
The respondent, due to its absence, is therefore unable
to discharge the onus, that the termination of the
services of the six applicants was fair.
2. Accordingly, I find that the dismissals were procedurally
and substantively unfair. The dismissals took place on 5
August 2002 and accordingly it is ordered, that the
applicant pay the six respondents compensation equal to 7
months remuneration, at the rate of the remuneration
applicable to them at the time of their dismissal.
1.
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E. Revelas