Labour Court backs Sasko bakery's dismissal of employee for insulting management during unprotected strike
Image: Leon Nicholas/Independent Newspapers
The Labour Court in Durban has upheld the dismissal of a Sasko Shakaskraal Bakery employee who participated in an unprotected strike and acted in a grossly insubordinate and insolent manner towards management.
Judge Benita Mandy Whitcher dismissed the claim brought by Phumalani Dube against Sasko, a division of Pioneer Foods Group Limited, finding that his dismissal was substantively fair.
The Durban-based bakery operates a 24-hour production system to ensure the daily distribution of perishable products. Dube was employed as an oven-feeder operator.
In June 2020, bakery management received a letter of demand, reportedly endorsed by 240 employees, calling for the removal of several senior managers within 48 hours. The petition alleged that workers were treated “like slaves” and subjected to vulgar language by management.
Management attempted to engage with shop stewards to clarify the grievances and later met with a union official from Agricultural Food and Allied Democratic Workers Union (AFADWU). It was agreed that employees would lodge specific complaints through the company’s grievance procedure. However, this did not happen.
In the early hours of July 2020, almost 60 employees embarked on an unprotected strike, gathering in the canteen instead of completing their shifts. Despite repeated instructions to return to work, the employees refused and later moved to the yard area before dispersing around 08:30 am.
While 53 employees received final written warnings for participating in the unprotected strike, Dube and shop stewards faced additional charges, including gross insubordination and insolence.
The court found that although Dube may not have initiated the strike, however, he actively associated himself with it and played a prominent role during the protest.
Evidence, including CCTV footage, showed that Dube continued singing and dancing while management attempted to address employees. He was heard chanting demands that management “must leave” and telling one manager to “go back to Lesotho.”
The court also noted that Dube called the bakery manager “a liar” and said he was “not trusted” during the confrontation.
Judge Whitcher found that Dube’s conduct went beyond lawful protest and amounted to disrespectful and insolent behaviour.
The judgment emphasised that while labour law allows some flexibility in workplace disputes, it does not permit employees or representatives to behave in a manner that destroys the trust relationship.
The court concluded that the bakery acted fairly in dismissing Dube, given his active participation in the unprotected strike and his conduct toward management.
The application was dismissed, with no order as to costs.
IOL News
Get your news on the go, click here to join the IOL News WhatsApp channel