Mineworkers win jobs back after claiming 'illegal picket' was wedding rehearsal

Nine mineworkers who were fired by Fraser Alexander Ltd over alleged involvement in an "illegal picket" have been reinstated to their positions following a ruling by the Johannesburg Labour Court. The workers claimed the activity was not a protest but a wedding rehearsal for one of their colleagues, Obed Mashifane, and successfully argued that their dismissal was unjustified. The incident occurred on August 22, 2019, during lunchtime when several employees gathered outside the mine's gate. Management described the gathering as an unauthorized demonstration, citing slogans such as "sifuna ukuqondisa ikampani," meaning "we want to put the company in a straight line." However, the workers contended that they were preparing for Mashifane's upcoming wedding and were not engaged in any form of industrial action. The dispute initially went through the Commission for Conciliation, Mediation and Arbitration (CCMA), which determined it fell outside its jurisdiction due to its potential connection to a strike. Consequently, the matter was escalated to the Labour Court, where the workers sought to challenge their dismissals. Amco, the labor union representing the affected workers, argued that the firings were unfair. In contrast, Fraser Alexander Ltd maintained that the employees had violated company policies by engaging in what the firm deemed illegal picketing. The company's operational manager, Phenyo Moopelwa, testified that prior to the incident, there was ongoing dissatisfaction among staff regarding overtime hours. On the morning of August 22, he observed some workers creating placards with anti-company messages and intervened, urging them to adhere to proper procedures. During lunchtime, the employees began singing and carrying placards. Moopelwa stated that the group sang a song with lyrics including "down with Fraser Alexander, up with Amcu," and held signs reading "we want our money back." When questioned about the possibility of wedding songs, Moopelwa denied hearing any related to marriage, asserting that the placards did not reference nuptials. Mashifane, however, insisted that the songs were indeed wedding-related, explaining that "semotshweri tshweri senatla" translates to "the big man is growing," a phrase commonly used at weddings. He added that the placards bore the message "my life’s destiny," reflecting his excitement about the impending marriage. A fellow worker testified that management was too distant from the gathering to have clearly seen the placard content without binoculars. Additionally, it was revealed that although CCTV footage existed, it had disappeared along with a hijacked company vehicle. The acting judge, M Mkhatshwa, expressed concern over the lack of backup copies of the footage, emphasizing the absence of definitive evidence regarding the nature of the songs or placards. Given the lack of conclusive proof supporting the company's claims, the court ruled in favor of the workers, ordering their reinstatement alongside back pay. This decision underscores the importance of clear documentation in labor disputes and highlights the need for companies to ensure all relevant evidence is preserved for legal proceedings.