Background
In August 2019 nine miners from Fraser Alexander Ltd. were fired after they were seen singing and holding placards outside the workplace during lunch. The workers said they were just rehearsing for a coworker’s wedding, while the company claimed they were taking part in an illegal strike. The dispute went to the Johannesburg Labor Court after the CCMA said it could not handle a strike‑related case.
What Happened on the Day
Morning Preparations
- Operations manager Phenyo Moopelwa noticed workers writing posters with the slogan “sifuna ukuqondisa ikampani” (we want to get the company on a straight line).
- He asked them to stop and follow the company’s grievance procedures. No formal strike notice had been given.
Noon Activity
- Around lunchtime the employees left their workstations, gathered outside the gate, and began to sing.
- Moopelwa said they sang a chant that sounded like “Down with Fraser Alexander, up with Amcu” and held signs reading “We want our money back.”
- One of the workers, Obed Mashifane (the groom‑to‑be), insisted the songs were wedding songs, citing lyrics such as “semotshweri tshweri senatla” (the big man is growing), which he said are sung at weddings.
- He also said the placards read “The Fate of My Life,” reflecting excitement about his upcoming marriage.
Witness Views
- Another employee testified that management was too far away to read the signs without binoculars, suggesting the company could not have seen the exact wording.
Evidence Problems
- The company had CCTV footage of the incident, but the recording was lost when a company car carrying the hard drive was hijacked.
- Acting Judge M. Mkhatshwa pointed out that no backup copy existed and questioned why managers did not simply use their phones to capture video.
- Because there was no reliable proof of what was sung or what the signs actually said, the court could not confirm whether the activity was an illegal picket or a wedding rehearsal.
Court’s Decision
- With no clear evidence of misconduct, the Labor Court ruled that the dismissals were unfair.
- The nine workers were ordered to be reinstated and receive back pay for the time they were out of work.
Conclusion
The case shows how important solid evidence is when deciding whether workplace actions are protected protests or misconduct. For the miners, the lack of clear proof meant they got their jobs back, while the company learned a lesson about keeping records and handling disputes before they escalate to court.
