Sweet victory for workers embroiled in seven-year legal battle with Heineken

A DAVID and Goliath-like legal battle has ended in a victory for six fired workers previously employed by labour brokers at the brewing company Heineken’s Sedibeng plant.

After seven years of being embroiled in the dispute, the workers recently scored a major victory when their case was settled, in terms of which they are due to receive compensation.

The Simunye Workers Forum (SWF) on behalf of the workers concluded the settlement with Liquor Runner and Heineken last week. Their members were fired in 2018 after they were accused of partaking in an unprotected strike.

Their problems started in 2018, when more than 400 workers employed by labour brokers at Heineken were attending their section 198 case at the CCMA. During the hearing, Heineken told the commissioner that it did not know who the workers were.

In response, the workers, who had worked at Heineken’s Sedibeng Brewery for years, took two taxis to Heineken’s head office in Sandton. They reasoned that if Heineken claimed not to know them, it seemed only reasonable to go and introduce themselves. On October 22, 2018, they arrived at Heineken’s premises and held a peaceful protest outside, after management refused to meet with them.

Shortly afterwards, the labour broker at the time, Imperial, dismissed only the worker leaders involved in the protest. The dismissed workers referred an unfair dismissal dispute to the CCMA and then to the National Bargaining Council for the Road Freight and Logistics Industry.

Up until now, Heineken and the labour brokers have been fighting the claims against them. Liquor Runner, which took over from Imperial, initially told the bargaining council that the workers had been on an unprotected strike. The result was that the matter was referred to the labour court, where it remained stalled for years.

Just as the trial was set to begin last week, Liquor Runner, in a turn of events, reversed its position. They conceded that there had in fact been no unprotected strike. This concession meant the labour court could have sent the case back to the bargaining council. However, facing the possibility of losing the case, and with reinstatement on the table, Liquor Runner instead agreed to settle.

Through the settlement, workers received more than the maximum amount of compensation that they would have got, had the bargaining council found that their dismissal was unfair, CWAO and LHR said in a joint statement.

The settlement was made an order of court on Friday. CWAO and LHR, meanwhile, said they salute the courage and resilience of these workers, who stood firm in the face of years of delay and denial, and who never wavered in their struggle against labour broking at Heineken.

Gladys Thaane, one of the dismissed worker leaders, said she is relieved at the outcome and that this round of the battle is finally over. “I’m glad that finally there is a settlement. At least we can restart our lives.”

This settlement follows another significant milestone when in 2023, the CCMA issued an award in the original case brought in 2018. It held that Imperial was indeed acting as a labour broker at Heineken. Heineken and Imperial have taken that award on review to the labour court, where it remains pending.

Cape Times