Dunlop told to reinstate dismissed workers

MORE than 60 workers who were dismissed at the Dunlop plant in KwaZulu-Natal almost seven years ago have been reinstated by the Constitutional Court.

The ruling on Friday followed a seven-year battle between the National Union of Metalworkers of South Africa and Dunlop. The battle began at the Labour Court and the Labour Court of Appeal, which confirmed their dismissal.

It prompted Numsa to approach the Constitutional Court.

Their dismissal followed a strike action in August 2012 when 200 workers went on a protected strike that turned violent.

An interdict to stop the violence was sought and granted the same day. The violence continued and escalated.

The violence involved setting alight the homes of a manager and foreman, damaging several vehicles belonging to staff and visitors, stone throwing and various forms of physical violence, throwing a petrol bomb on one occasion, blockading workplace entrances, the theft of a camera used to record the violence, scrawling death threats on a billboard and the violation of agreed picketing rules.

Dunlop then unsuccessfully tried to enlist the help of Numsa in identifying the individuals who participated in the violence.

Eventually, on September 26, 2012, the employees were dismissed, some listed as the culprits of the violence and others on the basis of “derivative misconduct”.

Derivative misconduct is when an employee has knowledge of wrongdoing towards his or her employer and subsequently fails to disclose such knowledge to the employer.

Numsa then challenged their dismissal through arbitration, which ordered the reinstatement of the 65 workers.

Dunlop was unhappy with the outcome and took the matter on review at the Labour Court.

The Labour Court overturned the arbitration ruling and the workers were dismissed. Numsa petitioned the Labour Court of Appeals which upheld the Labour Court’s decision.

This prompted Numsa to approach the Constitutional Court. In their court papers, Numsa argued that the decision to fire workers who did not participate in the violence and were not even confirmed to have been there was unfair and unconstitutional.

Dunlop argued that the 65 workers had information about the violence but did not disclose such to the employer.

Numsa said Dunlop had a duty to at least guarantee their safety before expecting them to come forward and disclose information to management on the alleged perpetrators of violence.

The ConCourt agreed with Numsa’s submission and set aside the decision of the Labour Court of Appeals and the Labour Court.

The apex court ordered the reinstatement of the workers.

Commenting on the outcome, Numsa spokesperson Phakamile Hlubi-Majola said the judgment was a victory for their members.