The respondent employer, Mazista Tiles, wished to restructure its business to remain competitive. After more than a year of consultation with the union (National Union of Mineworkers) regarding various restructuring proposals, no consensus was reached. The union failed to engage with the employer's difficulties or offer alternative solutions, insisting that things remain unchanged. The respondent ultimately proceeded unilaterally and dismissed approximately 300 workers. The union challenged the dismissals in the Labour Court on behalf of the workers, alleging the dismissals were automatically unfair under s 187(1)(c) of the Labour Relations Act 66 of 1995, and alternatively, that the dismissals were not for a fair reason and did not follow fair procedure under s 188(1). The Labour Court found in favour of the workers and ordered reinstatement. On appeal, the Labour Appeal Court reversed both findings and set aside the Labour Court's orders. The union then noted an appeal to the Supreme Court of Appeal before the requirement of leave to appeal was introduced by Fry's Metals, but after Chevron Engineering was decided.