Gqeberha Labour Court backs farm worker's reinstatement after family visit dispute.
The Labour Court in Gqeberha has dismissed an application by an Eastern Cape farming company seeking to overturn a Commission for Conciliation, Mediation and Arbitration (CCMA) ruling that reinstated a long-serving farm worker who was dismissed for allowing unauthorised people onto the farm.
Judge Molatelo Makhura's ruling found that the individuals concerned were legally entitled to be there under South Africa's Extension of Security of Tenure Act (ESTA).
In his ruling, Makhura said that Madalas Rest (Pty) Ltd failed to establish any basis for reviewing an arbitration award that found the dismissal of employee Mzukisi Petrus Mkhavu to be substantively unfair. The court also upheld a finding that the company had committed an unfair labour practice.
Mkhavu had worked on Rhodene Farm in Kirkwood since 1984 and resided there as a lawful occupier under ESTA. He was accused of allowing three individuals—his son Andile Tambo, his nephew Devan Mkavu and Shaunton Gouws—to enter the property without authorisation and of failing to inform the farm owner about their presence.
