10 get CABS jobs back

engaged “in or incited” other employees to engage in violent behaviour.
They were invited to attend a disciplinary hearing facing charges of sabotage and violence, as well as other related offences.

CABS found them guilty on the basis of the evidence that had been gathered.
The aggrieved workers then lodged an appeal with the negotiating committee.
The committee found that the workers had indeed been properly found guilty since they had not led any evidence to rebut the employer’s allegations.

Still aggrieved the workers then appealed to the Labour Court, arguing that nowhere in the record was evidence adduced to prove a case against them.
Another issue was raised as to whether or not the employer had jurisdiction to discipline the workers in terms of the Code of Conduct.
No article in the code specifically barred employees from engaging in collective action.

Labour Court president Ms Lilian Hove noted that the issue for the court to decide was whether CABS proved its allegations against the workers or not.
Ms Hove said: “It is a settled principle of our law that he who alleges must prove.

“The Negotiating Committee was wrong in finding that CABS had proved its allegations because the workers had not led evidence to rebut the allegations against them.”

She pointed out that no other evidence was recorded to support the finding that the workers had indeed been guilty of sabotage and violence.

“There is in fact, no evidence to show that the workers had actually engaged in anything that could be described as violence or sabotage in the reco- rds.

“In all 10 records before me, there is simply no evidence to sustain thegaalley or benefits with effect from the date of dismissal in March 2003.
Should reinstatement no longer be an option, CABS was ordered to pay each of the workers damages in lieu of reinstatement, and for premature loss of their employment.