Ideas of widespread objective doctrine for violence throughout strike motion


In a January 2024 judgment the Labour Court docket reaffirmed the ideas pertaining to the doctrine of widespread objective in relation to violent acts dedicated by teams of workers throughout strike motion.

In November 2018, about 2500 workers of a pharmaceutical retailer launched into a protected strike which was topic to picketing guidelines.  Following non-compliance with the picketing guidelines, the employer efficiently obtained two court docket orders, the primary of which interdicted the workers from committing additional acts of violence and intimidation, and the second of which suspended the picketing guidelines and restrained the hanging workers from persevering with with the strike.

Regardless of the 2 court docket orders, the workers continued hanging and two main incidents resulted within the dismissal of roughly 800 workers.  The one incident concerned a gaggle of workers departing on a bus which that they had employed and committing numerous acts of violence at two of the employer’s shops.  These workers committing the violent acts had been supported by workers who sang battle songs from the bus.

Nearly all of the dismissals had been discovered by the CCMA to be honest.  A commerce union launched a evaluate of the arbitration award.

The court docket endorsed the next ideas laid down by the Constitutional Court docket in NUMSA obo Dhludhlu and 147 others v Marley Pipe Methods (SA)(Pty) Restricted, the authoritative case on widespread objective in circumstances of violence throughout strikes:

  • Mere presence and watching doesn’t suffice (merely “being there” can’t represent affiliation)
  • There have to be proof, direct or circumstantial, that workers related themselves with the violence earlier than it commenced and even after it ended
  • The worker should carry out some act of affiliation with the illegal conduct
  • An intention in relation to the violence is required
  • Singing throughout a violent act isn’t sufficient to show an act of affiliation.

Particular person complicity, which should embody the worker having the required intention to commit the violent acts, should all the time be established as a result of that’s what the ideas of widespread objective require.

There was no proof that the workers who remained on the bus had the intention to commit the violence perpetuated by the workers who dedicated the acts of violence as they confirmed no outward assist besides by singing battle songs that are “half and parcel of the tradition of resistance, and is a characteristic in labour disputes”.  As put by the court docket in reference to South African Industrial Catering and Allied Staff Union and others v Makgopela and others “our legislation doesn’t enable a dedication of guilt just by affiliation.”  The actions of the workers who remained on the bus didn’t go the edge for widespread objective.  Their conduct nonetheless amounted to critical misconduct as they knowingly violated two court docket orders and confirmed solidarity with these committing the violent acts. As such, the Labour Court docket dominated that their dismissals had been honest and will stand. 

This judgment serves as a reminder to employers to be cautious when dismissing workers en masse for violence perpetuated throughout strikes by sure workers solely because the excessive threshold for the doctrine of widespread objective could show tough for the employer to beat.  Employers should all the time think about the deserves of every case and set up particular person complicity within the violence, whether or not instantly or by the doctrine of widespread objective.

This weblog was co-authored by Zubenathi Ndlwana, Candidate Legal professional

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