Samwu v Ethekwini Municipality (DA5/13) [2016] ZALAC 47 [2016] 12 BLLR 1208; (2017) 38 ILJ 158 (LAC) (2 September 2016) per Ndlovu JA (Tlaletsi DJP and Makgoka AJA concurring)
The LAC disallowed the trade union’s appeal on behalf of two shop stewards who were summarily dismissed. They wilfully disobeyed a lawful instruction to unlock the main gate which they had locked to pressurise management. The shop stewards appeared to ‘labour’ under a ‘serious misconception that being in the position of shop stewards, as they were, gave them the power and latitude to domineer and bully the management and as they pleased, with impunity’.
The LAC stressed that despite being trade union representatives they remained employees who were subordinates and had to comply with lawful and reasonable management instructions.
Reported
[2016] 12 BLLR 1208; (2017) 38 ILJ 158 (LAC)
BLLR Headnote
Dismissal – Misconduct – Insubordination – Insubordination becomes gross when persistent, deliberate and public – Shop stewards fairly dismissed for locking gate to depot and refusing instruction to open it until workers’ grievances attended to.