National Union of Public Service and Allied Workers Union (NUPSAWU) obo Mani and Nine Others v National Lotteries Board

Ten employees of the National Lotteries Board, represented by NUPSAWU, were dismissed for misconduct in the form of insubordination. Along with other employees, they had signed and supported a petition expressing a vote of no confidence in the CEO, Professor Vevek Ram, demanding his removal by a fixed date and stating they were unwilling to continue working with him. The petition followed earlier correspondence criticising the CEO’s leadership and alleging mismanagement, some of which was published in the media. The employees did not pursue internal grievance procedures. After a disciplinary enquiry chaired by an independent chairperson, most employees accepted an opportunity to apologise and receive a final warning. The ten appellants refused to sign the undertaking and were dismissed. Their union alleged the dismissal was automatically unfair under s 187(1)(d) of the Labour Relations Act, alternatively substantively unfair.

The appeal was dismissed with costs, and the Labour Court’s finding that the dismissals were procedurally and substantively fair was confirmed.

The case clarifies the limits of protected trade union activity and constitutional rights in the workplace, confirming that insubordination and defamatory conduct are not protected merely because they occur in a union context. It draws an important distinction between the right to petition and the unlawful or unprotected content of such a petition.