The Labour Court dealt with a dispute brought by SABAWO on behalf of 138 members who had been dismissed after participating in strike action. The court noted that a prior order had declared the strike unprotected, and it went on to consider only whether the dismissals were procedurally fair. The court found that notice of the disciplinary hearings was properly served on the union and held that the dismissals were procedurally fair.
This appears to concern union representation and service of disciplinary notices in a dismissal dispute arising from unprotected strike action.
Evidence from source
the issue is indeed res iudicata and cannot be determined afresh. The strike action is unprotected
Supports: The summary sentence that a prior order had declared the strike unprotected and the court proceeded on that basis.
the only issue to be decided is whether the Applicants were procedurally fairly dismissed for participating in an unprotected strike.
Supports: The summary sentence that the court considered only procedural fairness.
service on the union is as good as service on the members of the union themselves
Supports: The summary sentence that notice of the disciplinary hearings was properly served on the union.