A PRE - TRIAL MINUTE GUIDELINE ISSUED BY THE JUDGE PRESIDENT OF THE LABOUR APPEAL COURT AND LABOUR COURT. IN RESPECT OF STRIKE DISMISSAL MATTERS
By direction of Judge _______________, the parties in this matter are to deal with the matters set out below in their pre-trial minute or supplementary pre-trial minute in addition to any other matters set out below in their pre-trial minute or supplementary pre-trial minute which they are required to deal with in terms of the rules of Court:-
1. the parties must specify if the identity of the employer and the identities of the employees are admitted. If they are not, each party must indicate the basis for its position in this regard.
2. the parties must seek to agree on whether there was a dismissal and, if so, the date of such dismissal. If there is a dispute about whether there was a dismissal, each party must state the basis for its position.
3. the parties must seek to reach agreement on the following about the employees:
(a) dates of engagement;
(b) positions held at the time of the dismissal;
(c) the wage rates of the employees at the time of their dismissal.
4. the parties must further seek to agree on:
(a) whether the employees were members of a trade union and if so, which one, and whether there is a collective agreement regulating industrial action.
(b) upon the duration of the strike; what the demand or demands or grievances were which formed the subject matter of the strike and whether these were communicated to the employer, how it was, or they were, communicated and what the employer’s response was to the demand(s).
(c) on which strike procedures, if any, were not followed before the strike and what the strikers’ alleged justification was for not following such procedures if it is common cause that such procedure was not followed. If this is in dispute, the parties must state the basis for their allegations.
5. parties must state the basis on which the employer alleges that the strike was unprotected or illegal, if that is the employer’s case, and the basis on which the employees allege that the strike was legal, if that is their case.
6. parties need to set out
(a) the grounds on which the employees allege that their dismissal was unfair;
(b) the employer’s response to such grounds;
(c) the employer’s grounds for alleging that the dismissal was fair; and
(d) the applicants’ reply to the respondent’s grounds for contending that the dismissal was fair.
7. parties must seek to agree on whether an ultimatum was given by the employer, the duration of such ultimatum and how it was communicated to the employees.
02 May 2001
Labour Appeal Court