NUM Western Cape region secures reinstatement of 23 members in landmark labour court ruling

CAPE TOWN — The National Union of Mineworkers (NUM) Western Cape Region is pleased to announce a significant victory in the Labour Court in Cape Town, which has ordered the reinstatement of 23 union members unjustly dismissed by Baseline Civil Contractors.

The dismissals, which occurred in 2023, followed an unprotected strike action by the workers. The court found that while the dismissals were procedurally fair, they were substantively unfair due to the company's actions. The strike was a direct result of Baseline Civil Contractors' unilateral decision to change the annual attendance bonus payment date from December 14, 2022, to December 23, 2022, without any prior consultation with the employees. This change caused significant disruption to the members' financial plans and holiday arrangements.

Mlondolozi Limaphi, NUM Western Cape Regional Secretary, welcomed the judgment. "We are very happy with the decision of the court. The employer acted with impunity and failed to consider the facts of the case," Limaphi said. "The workers have been vindicated, and the court's decision affirms that the employer must bear responsibility for the circumstances that led to the strike action. While we do not condone employees downing tools, we are relieved to see justice served."

The Labour Court's order for the full reinstatement of the 23 NUM members marks a crucial victory for workers' rights and fair labour practices in the Western Cape. The company must pay each of the 23 NUM members, 16 (sixteen) months’ backpay, arising from their retrospective reinstatement, within 30 (thirty) calendar days of the date they tender their services

For more detailed information, please contact:

Mlondolozi Limaphi, NUM Western Cape regional Secretary, 073 518 3455

The National Union of Mineworkers
7 Rissik Street.
Cnr Frederick Johannesburg
Tel: 011 377 2111 Cell: 083 809 3257
Twitter: @Num_Media

Facebook: https://www.facebook.com/pages/NUM/10086002340216