Introduction
In the matter between Pailprint (Pty) Ltd v Lyster N.O and Others[1] the Labour Appeal Court confirmed that the presence of weapons of any kind, whether carried, brandished or wielded during a picket, will be construed as undermining the peaceful support of the strike and will render the picketers unprotected against disciplinary action.
Background
From 1 July 2014, the Employees of Pailprint took part in a national strike. Pailprint’s disciplinary code made the brandishing or wielding of dangerous weapons a dismissible offence. Pailprint’s picketing policy, which was communicated to the striking employees, stated that picketers may not engage in unlawful or violent actions, no weapons of ANY kind are to be carried or wielded by the picketers and the company may take disciplinary action where an employee’s actions during a picket are in breach of the organisation’s disciplinary code.
During the strike, some employees were seen carrying sticks, one carried a PVC pipe, one carried a sjambok, one employee carried a golf club and another an axe. They were charged with brandishing or wielding of dangerous weapons during the strike and were dismissed.
The dismissed employees referred an unfair dismissal dispute to the CCMA, and the arbitrator found the dismissals to be substantively unfair.
Pailprint reviewed the decision of the arbitrator, but the Labour Court found there to be no reason to interfere with the arbitration award since it was not unreasonable and the review application was accordingly dismissed with costs.
The Labour Appeal Court’s findings
The LAC specifically looked at the four reasons provided by the arbitrator for finding the dismissals unfair –
