NUMSA obo Aubrey Dhludhlu and 147 Others v Marley Pipe Systems SA (Pty) Ltd

Marley Pipe Systems SA (Pty) Ltd operates in the plastics industry under the MEIBC. In July 2017, following dissatisfaction with wage negotiations, NUMSA members employed by Marley embarked on an unprotected strike. On 14 July 2017, striking employees marched together on the employer’s premises carrying placards demanding, among other things, the removal of the head of human resources, Mr Ferdi Steffens. When Mr Steffens attempted to engage with the group, he was surrounded and violently assaulted, being pushed through a glass window, struck with rocks, punched and kicked, and left seriously injured. Police were called and an interdict against the strike and violence was obtained the same day. Following disciplinary proceedings, 148 employees were dismissed for participation in the unprotected strike and for acting with common purpose in the assault. NUMSA challenged the dismissals as substantively unfair. The Labour Court upheld the dismissals and granted the employer compensation under s 68(1)(b) of the LRA. On appeal, NUMSA pursued the case of only 41 employees, contending that common purpose in the assault had not been proved against them.

The appeal was dismissed. The Labour Court’s finding that the dismissals were substantively fair was upheld. No order as to costs was made.

This case affirms and applies the Constitutional Court’s approach in Dunlop to collective misconduct in the workplace, clarifying that employees may be held liable on the basis of common purpose even without direct proof of physical participation in violence. It reinforces that association with violent misconduct during an unprotected strike, coupled with failure to distance oneself and the presence of requisite intent, can justify dismissal. The judgment is significant for employer discipline in large-scale strike violence cases.