In 2013 the Supreme Court of Appeal disallowed an appeal by a trade union on behalf of 10 members. They had been dismissed for a reason related to insubordination. The trade union argued the members had been engaged in legitimate trade union activities and that the dismissals should have been found to be automatically unfair. Today the Constitutional Court will deliver its judgment in the trade union’s appeal to that Court and it will be posted on the website as soon it becomes available.
In NUPSAWU obo Mani v National Lotteries Board [2013] 8 BLLR 743 (SCA) it was held that the reason for the dismissals was not invalid nor unfair being related to behaviour that was regarded as failing or refusing to obey instructions and insubordination. The Supreme Court of Appeal also rejected the argument that the dismissals were automatically unfair despite the argument that the employees were engaged in legitimate trade union activities.