Cape Town - The National Tertiary Education Union (NTEU) has celebrated a Labour Appeals Court victory in which Cape Peninsula University of Technology (CPUT) has been ordered to pay six months salary for the unfair dismissal of Marion Pike.
Pike, a former senior media studies lecturer, who served as the chairperson of the university’s branch of the NTEU, could not be reinstated as she had reached the university’s mandatory retirement age by the time that the judgment was made.
According to litigation history which went through an arbitration process, Pike was dismissed for allegedly bringing the institution’s name into disrepute after she “had committed serious misconduct for disclosing confidential information” relating to the short-listing of the vice chancellor and “leaked the psychometric results” of the candidate to the media.
Court documents further detailed how Pike, on mandate by the NTEU, along with three other union representatives sent an email to the minister of higher education detailing how the university “had applied its selection in an unfair and irregular manner during the short-listing process”.
Acting Judge Katharine Savage found: "The appeal succeeds with no order of costs.The factors which weighed against dismissal which patently is the more severe of the disciplinary sanctions available, included that the appellant served as an observer on the selection committee on behalf of the NTEU and the NTEU with other trade unions approved the decision to write directly to the minister in contravention of the policy.
“There was no evidence of any harm caused by the appellants conduct, despite the university's suggestion that undisclosed reputational risk arose. There was no indication that the imposition of progressive discipline was not appropriate and that a final warning would not have had corrective force in cautioning the appellant of commission of similar misconduct in future.”
CPUT was ordered to pay a compensation award for the unfair dismissal, but reinstatement was not granted due to the member having reached retirement age this year.
NTEU spokesperson Jako Nel said the “ruling is also a significant step towards achieving justice”.
“(This) ruling is also a significant step towards achieving justice for workers who face unfair discrimination when exposing misconduct by their employers and towards appropriate protections for union leaders – who are often strategically targeted by the employer with the aim of obstructing union representation in the workplace,” the statement read.
“This decision also underscores the critical role played by unions in defending the rights of workers. It affirms our right to representation, and the need for fair and impartial overseers. Unions remain a critical force in the fight against managerial abuse and that we must continue to support our members in their efforts to secure their rights and improve their working conditions,” NTEU said.
CPUT spokesperson Lauren Kansley said: “CPUT respects the right to privacy in cases of dismissal or disciplinary measures and we have nothing more to add above what is already mentioned in the judgment.”
Cape Times