The Labour Court's ruling on a controversial picketing incident highlights the importance of evidentiary burden and procedural fairness in employee dismissals.
Was it an unlawful picket linked to an overtime dispute, or simply a lunchtime rehearsal for a colleague’s upcoming wedding? That was the unusual question before the Labour Court in AMCU obo Sebalela Agreement and Others v Fraser Alexander (Pty) Ltd.
The Court found that Fraser Alexander had failed to prove that nine employees had engaged in illegal picketing and held that their dismissals were both substantively and procedurally unfair. The employees were reinstated with retrospective effect.
Although the facts are unusual, the judgment reinforces familiar principles: employers bear the burden of proving misconduct and courts will closely scrutinise both the evidence supporting the allegations and the fairness of the process followed.
What the Court found
