Wednesday, 20 February 2008 16:26
Press Release: Immediate
The Southern African Clothing & Textile Workers' Union (SACTWU) welcomes a recent Labour Court decision to re-instate 13 of its footwear industry members.
These workers, originally employed by Durban-based Red Circle Shoe Manufacturers, were dismissed after having joined SACTWU in late 2005.
SACTWU processed this unfair dismissal until it was eventually heard in the Durban Labour Court on 30 March 2007, before Acting Justice Mr Ngcamu. Mr Ngcamu then ruled that the dismissals were automatically unfair and ordered the company to reinstate the workers retrospectively on terms not less favourable than those which pertained at the date of dismissal, to pay each of the 13 workers an amount equal to 12 months' compensation, and to pay the union's legal costs.
The company did not accept this judgement and consequently filed an application for its rescission. The rescission application was finally dismissed by the Labour Court on 19 February 2008, again with costs awarded to the union.
The dismissal of the rescission means that company must now comply with the original Labour Court Order, as handed down by Acting Justice Ngcamu on 30 March 2007.
This is a major legal victory which has protected and upheld the legal and constitutional right of workers to join a union of their choice, without any victimisation from an employer.
Deputy General Secretary
If further comment is required, kindly contact Neville Armoed, the SACTWU Organiser who originally handled the case, on cell number 083 5513736.
A copy of the original judgment is available on request, from Vanisha Harry in the SACTWU Head Office on phone number (021) 4474570.