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ARTICLE · 20 AUGUST 2012

Dismissed Within A Day: The Ahlesa Blankets Lesson

ENS
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Ahlesa Blankets (Pty) Ltd v SACTWU and Others, an unreported Labour Appeal Court [LAC] judgment (case number CA5/2010, handed down on 2 March 2012) is a further lesson for employers not to act over-hastily when dismissing employees embarking on unprotected strike action.

South AfricaEmployment and HR
Alexander Rocher
Alexander Rocher
Carmen Abboy
Carmen Abboy
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Ahlesa Blankets (Pty) Ltd v SACTWU and Others, an unreported Labour Appeal Court [LAC] judgment (case number CA5/2010, handed down on 2 March 2012) is a further lesson for employers not to act over-hastily when dismissing employees embarking on unprotected strike action.

Ahlesa Blankets (Pty) Ltd (Ahlesa) manufactures blankets in an industry that has a pronounced cyclical slow down during May to September of each year.  The Main Collective Agreement for the Textile Industry specifically allows for the introduction of short time.  In June 2008, Ahlesa decided to implement short time at its Atlantis factory by dividing its workforce in the dye house, spinning and weaving departments into two groups, so that one half of the workforce would work for two weeks while the other half of the workforce would take two weeks' leave, after which those working would be replaced by those on leave for two weeks.  The individual employees could elect to take the two weeks as paid, in

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