adminyears ago.
In March 2003, the workers were arraigned before a disciplinary hearing on charges of sabotage and inciting others to strike.
They were found guilty and fired.
However, the workers unsuccessfully appealed against the decision to the negotiating committee.
The committee ruled that the workers had failed to rebut allegations levelled against them.
This prompted the workers to contest the decision at the Labour Court.
Labour Court president Ms Lilian Hove ruled in favour of the workers and ordered Cabs to reinstate them.
The workers had argued that the negotiating committee had not given them a chance to defend themselves.
It was also argued that there was nothing in the record to prove that the workers had been violent or sabotaged Cabs operations. In its ruling the court agreed with the workers that the issue for determination was whether or not the employer proved allegations against the workers.
Said Ms Hove: “It is a settled principle that he who alleges must prove.
“The negotiating committee was wrong in finding the employer had proved allegations because the workers had not given evidence to rebut the allegations.”
She accepted the workers submissions that no evidence was on record to support the committee’s findings against them.
“There is in all records before me simply no evidence to sustain the allegations of sabotage and violence.
“This is particularly in view of the manner in which the code of conduct has particularised the two charges,” said Ms Hove allowing the appeal by the workers.
Online Reporter