Labour Court upholds dismissal of NUMSA shop stewards over ‘Impimpi’ WhatsApp message
- Jonathan Goldberg
- 2 days ago
- 3 min read
The Labour Court in Johannesburg has reviewed and set aside an arbitration award that reinstated two NUMSA shop stewards dismissed for sending a controversial WhatsApp message to fellow employees. In Weir Minerals Africa (Pty) Ltd v NUMSA and Others, the Court found that the commissioner’s decision was unreasonable and confirmed that the dismissals were substantively fair.
The case arose from events in July 2020 at Weir Minerals Africa’s workplace. Two shop stewards circulated a WhatsApp message to employees warning against “mpimping” — a term derived from “impimpi”, commonly understood to mean an informer. The message criticised employees who allegedly worked “hand in hand with supervisors” and suggested that such individuals would be “exposed”. The employer viewed the message as threatening and as discouraging employees from reporting misconduct.
Following a disciplinary hearing in August 2020, the shop stewards were found guilty of gross misconduct, including breaching their duty of good faith and failing to promote the employer’s interests. They were dismissed on 1 September 2020. Assisted by NUMSA, they referred an unfair dismissal dispute to the Metal and Engineering Industries Bargaining Council (MEIBC).
At arbitration, the Commissioner accepted that the employees had breached workplace rules but nevertheless found the dismissals substantively unfair. Emphasising the employees’ clean disciplinary records and an alleged opportunity to apologise, the Commissioner ordered their reinstatement without retrospective effect.
The employer took the award on review to the Labour Court under section 145 of the Labour Relations Act. The employees opposed the review and launched a cross-review, arguing that if reinstatement was ordered, it should have been retrospective.
The Labour Court restated the Sidumo reasonableness test and held that the commissioner committed a material error by relying on an apology that was never actually made. The judge found that an “offer” to apologise could not meaningfully be weighed where the employees had shown no remorse and continued to deny wrongdoing. Absent an apology, the Commissioner’s conclusion that the employment relationship could be restored was unjustified.
The Court further emphasised the historical and contextual significance of the term “impimpi”, noting that it carries threatening connotations and should have no place in a workplace environment. Employees, the Court said, must be free to report misconduct without fear of intimidation.
Given the seriousness of the misconduct and the absence of remorse, the Court held that dismissal was an appropriate sanction. The arbitration award was reviewed and set aside, and substituted with a finding that the dismissals were substantively fair. The employees’ cross-review was dismissed, with no order as to costs.
This article is for informational purposes only and does not constitute legal advice. For specific legal guidance on protected disclosures, employment practices, or compliance obligations, consult a qualified labour law practitioner.
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