IOL News reports that JSE-listed WBHO, one of the largest construction companies in South Africa, has been told to reinstate the workers who were fired for allegedly participating in an unlawful strike in 2017. The Labour Appeal Court (LAC) in Johannesburg ruled that the dismissal was unfair and that the company should reinstate the workers. About 30 permanent employees were fired allegedly for participating in an unlawful strike on July 17, 2017. This was after the workers on limited-duration contracts embarked on a protest, and demanded project bonuses that were paid to the permanent employees. Members of the community also joined the strike.

Workers were prevented from tendering their service at the gate during the strike. The 30 workers said they could not heed the call to return to work as they were intimidated. Bus drivers were also prevented from transporting the employees. They said there was unrest and hostility, and an environment where site management was no longer safe. The company’s secretary Donna Msiska said WBHO was implementing the court judgment. The Association of Mineworkers and Construction Union (Amcu) was the first applicant, while former employee Elias Mbatha and others were second applicants. The ruling came after the workers challenged the Labour Court’s ruling which was in favour of WBHO.

The workers argued that the Labour Court Judge erred in making a finding that they participated in the strike action despite the evidence from the strike diary of AMCU, which supported the contention that they were intimidated by the striking employees. The employees said the strike diary evidence was undisputed and never challenged, adding that the contents were never placed in dispute. The LAC said the dismissal of the 30 employees was automatically unfair. The court ordered WBHO to reinstate the individual workers on terms and conditions of employment not less favourable to them in terms and conditions that governed them when they were dismissed in 2017.

by Manyane Manyane