The Labour Court in Gqeberha (formerly Port Elizabeth) has ruled in favour of 54 workers who were dismissed by Goodyear Tyres in Kariega, Eastern Cape, following a dispute over lunch and tea breaks. The court’s decision, handed down by Judge M. Makhura, has been welcomed by the National Union of Metalworkers of South Africa (NUMSA), which has been advocating for the workers since their dismissal in May 2021.
The dispute centers around the company’s decision to abolish a longstanding “legacy allowance” that rewarded employees for relieving their colleagues during meal and tea breaks to ensure the continuous operation of machinery. In return for the cancellation of the legacy allowance, Goodyear had provided a once-off gratuity of R5,000 to workers. However, the agreement did not address what was expected of employees during their lunch breaks, leading to confusion and disagreement between the company and its workers.
In July 2020, NUMSA sent a letter to Goodyear requesting the termination of the collective agreement regarding staggered breaks. The company rejected the request, and the matter was referred to the Commission for Conciliation, Mediation, and Arbitration (CCMA) in December 2020. However, tensions escalated when, in March 2021, some employees switched off their machines during their scheduled lunch breaks, in protest of the new working conditions.
Goodyear responded by issuing a letter on March 9, 2021, accusing NUMSA members of engaging in an unlawful refusal to work staggered breaks and warned that final written warnings would be issued. Despite this, on May 31, 2021, the company dismissed 54 workers for alleged insubordination after disciplinary hearings were held.
The matter was then taken to the CCMA, which ruled in favour of the dismissed employees in June 2022. The Commissioner found that while the employees’ actions did constitute insubordination, it was not of a serious enough nature to justify dismissal. The CCMA determined that the dismissal was substantively unfair and ordered the reinstatement of the workers.
Goodyear, however, took the matter to the Labour Court, seeking to have the CCMA ruling set aside. The company argued that the CCMA Commissioner had committed gross misconduct and irregularities in handling the case. However, Judge Makhura, upon reviewing the case, ruled that the CCMA Commissioner had demonstrated a proper understanding of the dispute and had addressed its substantive merits in his ruling. The application to set aside the reinstatement was therefore dismissed.
NUMSA, which represents the workers, has expressed its satisfaction with the ruling. Mziyanda Twani, the Regional Secretary for NUMSA in the Eastern Cape, praised the workers for their resilience in the fight for justice. “These workers have been fighting for justice since May 31, 2021, when they were unfairly dismissed by Goodyear. They rejected an instruction from the employer to work staggered breaks, and the management overreacted by dismissing them,” said Twani.
He continued, “NUMSA immediately took up the matter again with the Labour Court, and we won. We are pleased with the court’s decision to reinstate the workers.”
However, Twani also noted that Goodyear plans to appeal the ruling, and NUMSA remains prepared to defend the workers. “If Goodyear proceeds with the appeal, we stand ready once again to defend our members. NUMSA will continue to defend the working class against exploitation,” he concluded.
This ruling is seen as a significant victory for workers’ rights and labor justice, particularly in the context of ongoing disputes over working conditions in South Africa. The case underscores the tension between management’s need for continuous production and workers’ rights to fair treatment, especially regarding break times and compensation.
As Goodyear plans its appeal, the case has drawn attention to the broader issue of labor relations and the importance of clear agreements between employers and employees. It remains to be seen how the appeal will unfold, but for now, the workers’ victory stands as a testament to the power of organised labor and the legal protections available to workers in South Africa.
