Anglo Gold Ashanti dismissed 579 workers from Vaal Reefs Shaft 11 on the 19th April 2013.The reason for the dismissal was because the workers did not come to work on a Saturday, since they requested to be paid for overtime on weekends but the employer rejected their mandate.
The case started earlier this year and on the 3rd of November 2015 was the final judgment, at Labour Court in Braamfontein Johannesburg.
Judge Legrande opened the court proceedings by acknowledging everybody who was involved in the case, for being patient throughout this long journey and mentioned that it was a chaotic case. The Judge ruled in our favour and said according to his findings the case was an unfair dismissal.
“I did find that the case was probably an unfair dismissal, and procedures were not followed by the employer” said Judge Legrande.
He continued that the employer went ahead and employed other workers to replace the ones dismissed, and that Anglo Gold Ashanti might need to go through some restructuring after the reinstatement of the 479 workers.
Judge Legrande said that the employer must reinstate the workers within a period of two weeks from the judgement and that they should be paid back 12 months wages.
AMCU Legal representatives Sian Collet addressed the members outside Labour Court and said they need to wait for announcement from Head Office as to when they can resume work, because arrangements needs to be structured with the employer.
AMCU members expressed that they were overjoyed about the outcomes of the case and that this gave them hope that they would progress in other pending cases.
Other cases still being heard at the Labour court is the top 7 case, where 17 AMCU members from Vaal Reefs allegedly embarked in an illegal strike. The case was referred to the Commission for Conciliation, Mediation and Arbitration (CCMA).