Swazi Observer

FULL STORY

JUDGE UPHOLDS E573 000 COMPENSATION FOR TEXTILE WORKERS

By SIFISO NHLABATSI | 2025-02-28

HIGH Court Judge Bongani Dlamini has dismissed an application by textile firm HO’S Enterprise to overturn a ruling by the Conciliation, Mediation, and Arbitration Commission (CMAC), which ordered the company to pay E573 964 to 20 dismissed workers.

The 20 workers (respondents) were employees of HO’S Enterprise (applicant).
They were dismissed for allegedly participating in an unlawful strike on April 5, 2022.

According to the textile firm, the strike was illegal as it violated the provisions of the Industrial Relations Act, 2000 (as amended), particularly failing to comply with Part VIII of the Act.

In its application, HO’S Enterprise argued that it had obtained a court order declaring the strike illegal, yet the employees failed to return to work immediately.

The company stated that after issuing several ultimatums through different platforms, 330 employees—about 60 per cent of the workforce—returned to work.

Additionally, 220 dismissed employees were given the opportunity to appeal their terminations, and most were reinstated.

However, the 20 employees involved in this case declined to appeal, and their dismissals were not reversed. They subsequently reported a dispute, which, after conciliation, was certified as unresolved by CMAC.

The parties then agreed to go for arbitration under CMAC, which ultimately ruled in favor of the employees, awarding them a total of E573 964.

Disputing this award, HO’S Enterprise approached the High Court seeking to have it overturned. However, the employees, through their legal representative, raised a preliminary legal objection.

They argued that under the Industrial Relations (amendment) Act 2010, an application to review an arbitrator’s decision must be filed within 21 days of the ruling. They pointed out that HO’S Enterprise had filed its review application outside this statutory period.

Judge Dlamini noted that the company had conceded that the application was filed late. In its submission, HO’S Enterprise had requested the court to condone the delay in filing the review.

Analysing the case, Judge Dlamini emphasised that Parliament had set strict timeframes for filing review applications to ensure the swift resolution of labour disputes, especially in cases where parties had voluntarily chosen arbitration. He stated that courts would be overstepping their authority if they altered the legislated timeframe.

Furthermore, the judge ruled that issuing ultimatums to striking employees or obtaining a court order declaring a strike unlawful does not override the fundamental right to a fair hearing before an adverse decision is made. He stressed that this right is not only a natural principle of justice but also enshrined in Eswatini’s constitutional framework.

“This court is finding it hard to fathom how the applicant believes it will be able to juggle itself out of this legal problem if it were to be allowed to deal with the merits of the matter,” the judge remarked.

As a result, the High Court upheld the employees' legal argument and dismissed HO’S Enterprise’s application.

The company was also ordered to cover the costs of the application.

share story