National Union of Food Beverage Spirits Wine and Allied Workers (NUFBWSAW) and Others v Commissioner Patrick Mbatsana N.O. and Others

The matter arose from the dismissal of the second and further applicants, who were employees of Universal Product Network (Pty) Ltd (UPN), following alleged collective misconduct during strike-related violence. An arbitration award had initially upheld the dismissals. The applicants successfully brought a review application in the Labour Court, which on 25 September 2024 set aside the arbitration award and substituted it with an order declaring the dismissals substantively unfair. UPN thereafter applied for leave to appeal against the whole of that judgment. The application for leave to appeal was unopposed.

The third respondent’s application for leave to appeal was dismissed. No order as to costs was made.

The judgment reinforces stringent standards for granting leave to appeal under section 17 of the Superior Courts Act within labour litigation. Substantively, it underscores the Constitutional Court’s firm rejection of collective guilt in labour law, confirming that dismissals for collective or derivative misconduct require individual identification and proof of complicity at the time the decision to dismiss is made. The case affirms the centrality of substantive and procedural fairness, including audi alteram partem, in disciplinary proceedings.