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Last updated: 06 May 2010
Blue Ribbon Bakery ordered to pay 12 months salary for unfairly dismissing 32 FAWU members
Fawu once again welcomes the Labour Court Judgement by Honourable Judge Basson, who ruled in favour of Fawu in the retrenchment dispute of Fawu on behalf of its 32 members and Blue Ribbon Salt River Bakery.
Subsequent to a protected industrial action that commenced on the 05 March 2007 to 09 MAY 2007, Blue Ribbon decided to suspend and charged these workers for violence related incidents that happened during the strike. When the Company realized that it had insufficient evidence of successfully prosecuting the workers, it decided to the union’s dismay to dismiss the workers on the basis of Section 189 and 189 A of the Labour Relations Act, which is the procedure
reserved for retrenchment only by the Act.
Fawu challenged their dismissal to the Labour Court of Cape Town under case number 640/07 and the court ruled in our favour on the 04 May 2010 as it made the following order.
- The dismissal of the applicants was substantively and procedurally unfair.
- The Respondent (Blue Ribbon) must pay each of the individual Applicants compensation equal to 12 (twelve) months’ salary.
- The Respondent to pay the costs, including the costs of two Counsels as well as the qualifying expenses of the expert witness Professor Tredoux.
We welcome this landmark judgement as a reflection of the independence of our judiciary and as a further warning to employers to respect the labour laws of this country. We wish at the same to indicate that, we are not happy about the fact that the court did not re-instate our members and are still considering our options of appealing against that part of the judgement only.
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