MISA wins Labour Court battle for one of our members
In a recent matter where one of our members was unfairly dismissed, MISA fought the matter and the employer right up to the Labour Court, where we finally got justice for our member.
The MISA member was employed as a Workshop Foreman until his employment was summarily cut short by his employer. The member’s employment was terminated with flagrant disregard of the requirement of fairness as enshrined in the Labour Relations Act (66 of 1995) and with no real or proper process or fair reason. The employer attempted to legitimise the decision and actions by claiming it was done for operational reasons. The employer further claimed that it had apparently reached an agreement with our member regarding his termination.
The facts, according to the MISA member, were slightly different and MISA referred an Unfair Dismissal Dispute on his behalf, which eventually ended up in the Labour Court. MISA, standing by our member and the enshrined principle of fairness, contracted in the necessary legal support and went to the Labour Court to argue the matter on the member’s behalf. The review lasted for a total of four days with both sides leading testimony and cross examining the other side’s witnesses.
The Labour Court delivered judgement in favour of MISA and the MISA member. It was found that the dismissal was both procedurally and substantively unfair and awarded the member 12 months of compensation, the maximum allowed for by the Labour Relations Act. In addition, the court ordered the employer to pay MISA’s legal costs in the matter.
