Today's Labour News

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gautrainANA reports that the United National Transport Union (Untu) on Sunday welcomed a recent Labour Court judgment ordering the immediate reinstatement by Bombela, the operator of the Gautrain, of a member with retrospective effect.  

Back-pay totalling R191,354.52 also has to be paid to Clifford Morake .  Untu’s Steve Harris said it was no longer acceptable to fire employees if they defended themselves against commuters who misbehaved and physically and verbally abused them.  The court dismissed Bombela’s appeal against a CCMA ruling that Morake’s dismissal was procedurally and substantively unfair and replaced dismissal with a written final warning to be placed on Morake’s employment record.  Morake was on duty as station manager of the Gautrain Midrand Station on 13 October 2012 when he was called to assist with a difficult customer at the ticket office.  It was at that point that Morake had made physical contact with the commuter’s boyfriend by touching him on the shoulder, neck area and back, to remove him from the station.  The judge said the two commuters were clearly under the influence of alcohol, were vulgar, obstinate, abusive, and generally un-cooperative with Bombela’s staff present trying to help them or to contain the situation.

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