CCT3/03

[2003] ZACC 7

2003 (6) BCLR 575 (CC)

2003 (4) SA 390 (CC)

[2003] 5 BLLR 409 (CC)

The Court

4 April 2003

http://hdl.handle.net/20.500.12144/2175

Employees were dismissed from their employment at Volkswagen factory after refusing to work and failing to comply with an ultimatum to return to work. Facts appear in the case of the CCMA: Mzeku and Others v Volkswagen SA (Pty) Ltd (2001) 22 ILJ 771 (CCMA); Labour Court on review: Volkswagen SA (Pty) Ltd v Brand NO and Others (2001) 22 ILJ 993 (LC) ; [2001] 5 BLLR 558 (LC), and then the Labour Appeal Court: Mzeku and Others v Volkswagen SA (Pty) Ltd and Others (2001) 22 ILJ 1575 (LAC) ; [2001] 8 BCLR 857 (LAC).

Unanimous judgment of the Court. The matter was dealt with summarily under Rule 18(10)(b). The facts indicate that the dismissal of the workers was not procedurally unfair and therefore leave to appeal was denied.