Solidarity wins case against company that discriminates

By Odette Ismail
14 June 2007

Trade Union solidarity says they are happy that the Labour Court has seen the court case unfair regarding a truck driver who had been dismissed on the grounds of him promoting the trade union amongst colleagues.

In 2005, a truck driver also a member of Solidarity was dismissed for his involvement with and promotion of the trade union.

The ruling also revealed that the employer will be awarded 16 months’ pay in compensation.

Nic Arnold head of Solidarity’s legal action says the person was charged by his employer, Lesaka Crushers (PTY) Ltd, with planning an illegal strike and inciting fellow workers to take part in the strike two years ago.

“This was after he explained to his colleagues the benefits and function of Solidarity and the constitutional rights of workers. He was suspended without pay after a disciplinary hearing.” says Arnold.

The case was taken up and the matter was referred to the Labour Court.

“We are delighted with the finding, because we find it absurd that there should still be employers who attempt to dismiss workers on the grounds of their involvement in trade union activities. The Court has reconfirmed that workers and trade unions do indeed have rights, and that they must claim these rights.” says Arnold.