20 November, 2024In a powerful victory for workers' rights, the National Union of Metalworkers of South Africa (NUMSA) has successfully defended the reinstatement of 54 workers, unfairly dismissed by Goodyear Tyres. The decision to dismiss the application by Goodyear Tyres to set aside the re-instatement was granted by the Labour Court.
The battle began on 31 May 2021, when the workers—members of NUMSA, an IndustriALL affiliate—were dismissed by Goodyear after they rejected an instruction to work staggered breaks and maintain continuous production by keeping machines running without adequate rest. The workers felt the policy was unreasonable, and when they stood their ground, management responded with swift and harsh retribution.
The union immediately took up the workers' case, filing a grievance with the Commission for Conciliation, Mediation, and Arbitration (CCMA).
In June 2022, the CCMA ruled in favour of workers, determining that while their actions might have been seen as insubordination, they were not severe enough to justify dismissal.
The commissioner also found that the workers had been issued final written warnings unfairly, denied union representation despite explicitly requesting it and that the warnings had been issued as part of a broader strategy by Goodyear to lay the groundwork for mass dismissals. The process was found to be fundamentally unjust, therefore the workers were entitled to reinstatement.
Undeterred by the CCMA's ruling, Goodyear's management approached the Labour Court, attempting to overturn the decision and deny workers their rightful reinstatement.
In a landmark moment for labour rights, the Labour Court dismissed Goodyear’s application. This ruling means that the workers, who had been wrongfully dismissed for standing up for their rights, will return to their jobs.
“NUMSA’s role in this victory extends far beyond legal victories; it is a union that truly cares for its members. As one of South Africa’s most militant unions, NUMSA has made substantial contributions to the development of labour law legislation and has a proud history of fighting for the rights of the working class. The union’s resources and efforts, tirelessly dedicated to the cause of justice, were the driving force behind this win,” NUMSA said in a statement.
“As NUMSA stands by the workers, ready to defend them against any further challenges—including Goodyear’s likely appeal—the union's message is clear: We will never back down. This case highlights the power of collective action and the importance of joining a union that not only promises justice but delivers it. NUMSA is a union that lives up to its word, a union that fights for workers' rights at every turn,”
said Mziyanda Twani NUMSA regional secretary-Eastern Cape
“NUMSA is commended for continuing to stand for workers’ rights to health and safety at work against multinationals that are increasingly using the courts to reverse workers' gains. Workers must not be victimised for standing for their rights at work,”
said Paule France Ndessomin IndustriALL Sub-Saharan Africa regional secretary.
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