Goodyear Tyres in Kariega in the Eastern Cape have been ordered by the Labour Court in Gqeberha to reinstate 54 workers dismissed over a lunch break dispute.
A move the National Union of Metalworkers of South Africa (NUMSA) has welcomed.
The decision was handed down by Labour Court Judge M Makhura.
Makhura dismissed the application by Goodyear Tyres to set aside the re-instatement of 54 workers who were unfairly dismissed.
The workers were dismissed on May 31, 2021 which resulted in a three-year court battle.
According to the court documents the company operated three shifts during the 24-hour day, and meal and tea breaks were staggered to allow for continuous operations of the machines.
There was a legacy allowance which was a payment to the employees as a form of reward for relieving their colleagues during their meal or tea breaks to ensure continuous running of the machines to improve productivity.
However an agreement came into place and the legacy allowance was canned.
In exchange for the abolishment of the payment the staff were paid a once-off gratuity of R5,000.
What the agreement did not deal with what would be required of workers when they needed to take their lunch breaks.
In July 2020, Numsa sent a letter to the company giving them 30 days to terminate the collective agreement.
The company rejected this and the matter was referred to CCMA in December 2020.
In March 2021, some employees switched off their machines during their lunch break.
On March 9, 2021, the company addressed a letter to NUMSA saying that its members were engaged in unlawful refusal to work staggered breaks and a final written warning would be sent to all the employees.
The 54 workers were dismissed on May 31, 2021 following disciplinary proceedings.
The matter was thereafter taken to the CCMA, which ruled in favour of the workers, in June 2022.
The Commissioner said that although the conduct of the employees constitutes insubordination, the insubordination was not gross to warrant a sanction of dismissal.
The Commissioner further declared that the dismissal was substantively unfair and ordered the company to reinstate them.
Good Year thereafter took the matter to Labour Court saying that the CCMA Commissioner in his ruling committed gross misconduct and gross irregularities in the conduct of the proceedings.
However Judge Makhura after looking at the evidence ruled that the commissioner demonstrated that he understood the nature of the inquiry before him and addressed the substantial merits of the dispute.
In a statement NUMSA Mziyanda Twani, Regional Secretary Eastern Cape said the workers who are NUMSA members, have been fighting for justice since 31 May 2021 after they were unfairly dismissed by the company.
“They rejected an instruction from the employer and management overreacted and dismissed them. The matter was in relation to a refusal by workers to work staggered breaks and to keep the machines going, in order to ensure continuous production. Workers were unhappy with the decision to compel them to work staggered breaks.”
“NUMSA as a caring union, immediately took the matter up again with the Labour Court and we won. We are pleased that the Labour Court dismissed the application which means, these workers must be reinstated.
“In the meantime, we are told that Goodyear will be appealing the award. We stand ready once again, to defend our members. NUMSA will continue to defend its members and the working class in general against exploitation.”
IOL News