Saccawu v Mthethwa (D639/14) [2016] ZALCD 3 (19 February 2016) per Gush J.

The trade union dismissed an organiser summarily on 17 February 2012 for alleged abscondment but without affording her any prior right to be heard.  The organiser was reinstated by the CCMA but not with full back pay.  In reviewing and upholding the award the Labour Court found that it was not unreasonable with regard to reinstatement nor the compensation awarded.  There seems little doubt that given the facts and the time the organiser failed to report for work due to illness that the trade union could have had a valid and fair reason to terminate her services based on its “operational requirements”.  Obviously the organiser would have been entitled, in terms of the Basic Conditions of Employment Act, to reasonable notice pay and statutory severance pay.  This approach would surely have avoided all the legal costs and having to reinstate the organiser.