Chauke v Fawu (Food And Allied Workers’ Union) (C377/2012) [2015] ZALCCT 44 (28 May 2015) per Rabkin-Naicker J.

Exercising the powers granted by s 158(1)(e)(i) of the LRA, the Labour Court set aside the expulsion of 10 union members and shop stewards.  It was pointed out that it could not be correct that any of the bodies of office bearers could discipline any member without reference to the level in the union’s structure.  The union requires the requisite body to determine sanction in respect of members holding positions in the different levels of union organization, just as it requires a requisite body to hear an appeal.  In addition in dealing with the removal of office bearers they cannot simply be bypassed and rendered superfluous.