Mveltrans (Pty) Ltd t/a Bojanala Bus Services v Pule and Others (JA 72/13) [2014] ZALAC 63/68 (23 October 2014) per Musi JA [Waglay JP and Dlodlo AJA concurring]

Appeal partly allowed.  LAC summary: Employee embarking on an unprotected strike- Employer obtaining court interdict- employer issuing ultimatum for employees to return to work – some employees failing to return to work and dismissed- Labour Court finding ultimatum too short to enable employees to return to work and that dismissal substantively unfair.  Appeal- evidence showing that some employees had time to report to work after ultimatum was read- some dismissed employees’ evidence as to why they did not report to work not plausible thereby rendering their dismissal substantively fair.  Employees whose evidence found plausible for not reporting to work reinstated.

[1] This is an unopposed appeal against the judgment and order of the Labour Court to the effect that the dismissal of the respondents was substantively unfair.  The appellant also appeals against the order re-instating Mr Jackson Pule, in the event this Court finds that his dismissal was substantively unfair.