Court Battles: Legal Briefs

Johnson Matthey, Wadeville

The court has dealt a further blow to the use of a polygraph (lie detector) to dismiss a worker. When a batch of platinum and rhodium went missing at Johnson Matthey in Wadeville, workers were subjected to polygraph tests. When a Numsa member failed the polygraph test, he was dismissed. Numsa took his case further and at arbitration, the court found that the use of a polygraph was "inadmissable in a court of law". It found that his dismissal was substantively and procedurally unfair.

Smiths Manufacturing, Pinetown

Govindsammy a worker and Numsa member at Smiths Manufacturing in Pinetown, has just been reinstated after Numsa took up his dismissal case.

Macsteel, Wadeville

The battle by fuve workers to fight their retrenchment by Macsteel in Wadeville in 1997 continues. As Numsa News went to print, workers were still awaiting the outcome of the latest hearing. All of them have been out of work since 1997.

House of Trucks, Cape Town

35 workers that lost their jobs when their company closed, have just won compensation of three weeks pay. The company initially began retrenchment consultations even though it knew that it was on the verge of closing down. The judge used the new amended Section 194 of the LRA to grant them compensation. "Before the new amendment, workers would not have been entitled to any compensation," says Numsa legal officer, Norma Craven .

Oil rig workers, Cape Town

As Numsa News went to print, the fate of 110 workers who were refurbishing an oil rig and were retrenched on 1 day's notice still hung in the balance. Numsa is challenging the company using the new section 189A of the Labour Relations Act. This says that because of the number of workers (more than 50) it was obliged to enter into retrenchment consultations.

Welgedacht Motors, Springs

The dismissal of a petrol attendant for 'lying' is going back to the Motor Dispute Resolution Centre for another hearing. This is after Numsa successfully appealed against an earlier DRC decision that the worker had been dismissed fairly. In passing judgement, the Judge said that lying is not a dismissable offence, it must be attached to misconduct.

Greenland Engineering

Greenland Engineering found itself served with a writ of execution to attach its goods after it failed to pay 3 dismissed workers in terms of an arbitration award. The company tried to appeal but their appeal was rejected. As Numsa News went to print, parties were negotiating how the company was going to pay the outstanding amount.

Kallies Panelbeaters

A worker dismissed by Kallies Panelbeaters in 1998, has finally agreed to compensation of R20 000 in an out of court settlement.

Eskom ordered to pay workers R25.6 million

When the CCMA ordered Eskom to pay its workers R25.6 million because of productivity gains, workers thought that Christmas had come early! But Eskom were quick to take the judgement on review. As Numsa News went to print, the review was still to be heard. Watch the press or Numsa News for details.


Numsa News