BACKGROUND OF THE DISPUTE:
This matter was referred to the Bargaining Council for conciliation on 27 March 2023
as an alleged unfair dismissal dispute. A conciliation hearing was scheduled for 08 May
On that day the matter remained unresolved and a certificate to that effect was
The applicants filed a request for arbitration on 11 May 2023. The matter was then set
down for an arbitration hearing on 27 June 2023. On that day the matter became partheard before Commissioner Reddy and was postponed.
It was then set down again for a continuation of the arbitration hearing before
Commissioner Reddy on 17 August 2023. On that day Commissioner Reddy recused
himself from the proceedings and issued a ruling to that effect.
The matter was then set down again for an arbitration hearing on 28 September 2023.
On that day the parties agreed to postpone the matter and to present oral submissions at
the next hearing regarding the issue as to whether the second respondent, PPLE Group,
had the right/authority to dismiss the applicants. Certain common cause facts were
agreed upon which I shall deal with hereinunder.
The matter was then set down again on 07 November 2023. On that day all parties made
oral submissions and I reserved judgment in the matter.
This matter was set down as an arbitration hearing on 28 September and 07 November
2023 at the offices of the Bargaining Council for the Road Freight in Durban between
PTAWU obo D Sithole & another, the applicants and Imperial Logistics, the 1st
respondent and PPLE Group, the 2nd respondent. Mr Jama, the union official, appeared
on behalf the applicant and Mr Maseko appeared on behalf of the 1st respondent and
Mr Sithole, an official of an employers’ organisation, appeared on behalf of the 2nd