Labour Appeal Court Upholds Appeal

The long-running legal battle between the South African Commercial Catering and Allied Workers Union (SACCAWU) v Putini (JA17/24) [2025] ZALAC 11 (30 January 2025) was heard in the Labour Appeal Court (LAC). The matter stemmed from the employee’s dismissal in 2010, which he successfully challenged at the Commission for Conciliation, Mediation and Arbitration (CCMA).

On 24 June 2011, the CCMA ordered SACCAWU to reinstate the employee. SACCAWU launched a review application against the award, but this was dismissed by the Labour Court in November 2015. The Union persisted, seeking leave to appeal, which was initially denied but later granted by the LAC in February 2018. SACCAWU, however, failed to file the appeal record, causing the appeal to lapse in May 2018.

While this was unfolding, the employee sought to have the arbitration award made an order of court under section 158(1)(c) of the Labour Relations Act. Although SACCAWU opposed the move, arguing that the matter had effectively been archived under the Labour Court Practice Manual, the employee proceeded once it became clear that SACCAWU had abandoned its appeal.

In February 2021, the Labour Court rejected SACCAWU’s arguments and made the CCMA award an order of court. The order included reinstatement of the employee with retrospective effect, full benefits, arrear salaries, and interest dating back to December 2010.

SACCAWU appealed, claiming that the application had lapsed due to archiving rules and that the Labour Court had overstepped by granting relief beyond the original arbitration award.

The LAC, in a judgment delivered on 30 January 2024, was critical of SACCAWU’s conduct. It noted that the Union had engaged in delaying tactics, misleading the employee into granting indulgences while failing to pursue its appeal. The Court emphasised that labour disputes must be resolved expeditiously and warned against the misuse of procedural rules as a tactical ploy.

The LAC upheld SACCAWU’s appeal, but ordered the Union to pay the costs of the matter. The ruling reinforces the principle that labour disputes must not be allowed to drag on indefinitely, especially where workers’ livelihoods are at stake. After nearly 15 years since his dismissal, the employee’s right to reinstatement was finally confirmed.

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