Labour Court upholds reinstatement of farm worker dismissed for allowing family on property
The South African Labour Court has upheld a ruling to reinstate a farm worker who was dismissed for allowing family members onto the property. The judge determined the worker's actions were protected under the Extension of Security of Tenure Act.
Why it matters
This case highlights the legal protections for farm workers regarding property access and tenure rights in South Africa.
Ask AI 4 min Gqeberha Labour Court backs farm worker's reinstatement after family visit dispute.
The Labour Court in Gqeberha has dismissed an application by an Eastern Cape farming company seeking to overturn a Commission for Conciliation, Mediation and Arbitration (CCMA) ruling that reinstated a long-serving farm worker who was dismissed for allowing unauthorised people onto the farm.
Judge Molatelo Makhura's ruling found that the individuals concerned were legally entitled to be there under South Africa's Extension of Security of Tenure Act (ESTA).
In his ruling, Makhura said that Madalas Rest (Pty) Ltd failed to establish any basis for reviewing an arbitration award that found the dismissal of employee Mzukisi Petrus Mkhavu to be substantively unfair. The court also upheld a finding that the company had committed an unfair labour practice.
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