22 July 2026
The Labour Court has ruled that nine employees fired for picketing were in fact practising wedding songs. Illustration: Lisa Nelson
A Johannesburg labour court Judge has ruled that nine employees of Fraser Alexander (Pty Ltd) who were dismissed for engaging in an “illegal picket”, may in fact have been merrily rehearsing wedding songs and dances during their lunch break in August 2019.
Last week Acting Judge Mandla Mkhatshwa declared that the workers’ dismissals were procedurally and substantively unfair. He ordered that they be reinstated and compensated for their losses.
The matter was brought by the Association of Mineworkers and Construction Union (AMCU) on behalf of the nine workers.
Evidence from the company’s witnesses was that at the time, it had a contract with Evander Gold Mining which included the delivery of slurry to the Elikhulu Tailings Re-treatment Plant. The company was responsible for maintaining discipline on site in accordance with the rules of the client.
According to the company, in August 2019, a labour dispute arose because employees were not happy with their overtime payments. Some of the dismissed employees were seen writing out placards. At lunchtime, they gathered and started singing a song “down with Fraser Alexander, up with AMCU”. They carried placards saying “we want our money back”.
The workers were dismissed in October 2019.
The union led the evidence of two of the workers.
Obed Mashifane said on that day, the employees had decided to practise a dance step for his wedding. He said the songs included lyrics translated as “the big man is growing”, a song sung at weddings.
The placards, he said, read “my life’s destiny”.
The workers were not obstructing traffic, were outside the plant and there was no violence.
If he had known that he had to get permission for the impromptu rehearsal, he would have done so.
Moses Mokoena confirmed that everyone was happy about Mashifane’s upcoming nuptials and that they were, in fact, rehearsing for his big day.
A company witness said one of the workers was getting married the next month, but he could not remember them singing “wedding songs”.
He said that the incident was recorded on surveillance cameras but the hard drives were stolen in a hijacking and never recovered.
Judge Mkhatshwa said the company had only proved that the workers had congregated outside the gate. “The crucial evidence regarding the actual songs that were sung and writing on the placards was not placed before the court.”
He said the company had not called a witness relating to the hijacking. Nor had any of the witnesses used their cellphones to record the alleged protest. “It may be doubtful and perhaps unusual that preparations for a wedding might involve the printing of placards, but cases are not decided on idiosyncrasies.
“It is not for employees to prove their innocence, it is for (the company) to prove that they misconducted themselves. In the absence of that, the court has to accept the version of the employees,” the judge said.
There was also undisputed evidence that they had previously played soccer during their lunch breaks at the same spot without seeking permission.
The judge ordered their reinstatement within 10 working days of 16 July.
