KEY POINTS
- Heineken’s labour broker fired six employees in 2018, but after a seven-year legal battle, the Labour Court awarded them compensation.
- The termination happened after a peaceful protest against Heineken’s claim that it did not employ the students.
- The decision is a significant win over the use of labour brokers in South Africa.
The Labour Court approved a settlement that granted compensation to six heineken workers whom Heineken dismissed in 2018.
The dispute in this case highlighted the divisive role labour brokers play in South Africa.
Protesters were dismissed after peaceful protesting for recognition
October 2018 saw over 400 contract workers at the Heineken Sedibeng plant and represented by labour brokers, attend a hearing held by the Commission for Conciliation, Mediation and Arbitration (CCMA). Heineken stated during the hearing that it did not understand the workers as constituent members.
Six members of SWF organized a peaceful protest at Heineken’s Sandton headquarters to confirm their years of work at Heineken. Afterwards, Imperial sacked them from their jobs.
Issues and rulings in the courts
Workers filed a claim of unfair dismissal supported by CWAO and represented by LHR. The original dispute saw Heineken and the labour brokers challenging the workers’ strike and Liquor Runner accused the workers of not being permitted to strike.
Yet, last week, just before the trial was to start, Liquor Runner said there had not been any strike and admitted it was all about the union trying to avoid doing its job.
Heineken chose to enter a settlement agreement to prevent the reinstatement of the six workers it had dismissed in 2018. Workers benefited from a settlement in court that provided them with more compensation than what they would have received if the CCMA arbitration happened.
Former heineken workers are happy with the outcome
Gladys Thaane, who was one of the fired workers, expressed relief over the decision. Now we can try to put everything behind us and move on. Both CWAO and LHR acknowledged the workers’ stamina and claimed this victory is a major step towards fighting injustice in the workplace.
The union has also gained ground through a previous ruling by the CCMA that Imperial was a labour broker for Heineken. The Labour court is reviewing this decision currently
The victory gave precarious workers greater protection in the beverage industry and forced companies using third-party suppliers to take more responsibility.
