Numsa welcomes Con Court ruling
Metal workers union NUMSA has welcomed the Constitutional Court judgement in the case of the Dunlop 65, saying it is a victory for all workers.
CORRECTION: East Coast Radio Newswatch incorrectly referred to the company as 'the tyre manufacturer' in an earlier version of this article. Sumitomo Rubber South Africa, the company that manufacturers the Dunlop, Sumitomo and Falken tyre brands does not own or have any association with Dunlop Mixing and Technical Services, which was listed in the Constitutional Court case. We regret the mistake.
The group of workers were dismissed, along with nearly 200 others, for alleged misconduct following a violent month-long strike in Howick in 2012.
During an arbitration hearing, Numsa argued that the 65 workers were dismissed unfairly because they had not been individually identified as having been part of the strike.
Dunlop argued the workers withheld information of wrongdoing. The company approached the labour court which ruled in its favour.
Numsa eventually took the matter to the Concourt, which set aside the lower courts decision.
The union's Phakamile Hlubi-Majola says employers simply dismiss workers for refusing to share details or information about their fellow colleagues involved in a strike.
"The judgment means employers cannot simply dismiss workers for refusing to snitch or rat on the comrades whenever violence erupts at a strike", she said.
"This victory means they can now be reinstated and claim 6 years worth of back pay for being unfairly dismissed", Phakamile-Hlubi said.