A seven-year battle for justice concluded for six members of the Simunye Workers Forum, who secured a settlement in their prolonged unfair dismissal dispute with Liquor Runner and Heineken.
Back in 2018, more than 400 workers employed through labour brokers at Heineken found themselves embroiled in a contentious Section 198 case at the Commission for Conciliation, Mediation and Arbitration (CCMA). At that pivotal hearing, Heineken shocked many by denying knowledge of the very workers who had been toiling at its Sedibeng Brewery for years, a claim met with immediate disbelief by those affected.
Refusing to accept their erasure, the workers mobilised, traveling by taxi to Heineken’s head office in Sandton to stage a peaceful protest. Their aim was clear, to highlight the disconnect between corporate decision-makers and the labour force that sustained their operations. Yet, Heineken’s management refused to engage, further intensifying frustrations among the workers.
Shortly after the demonstration, Imperial, the then-labour broker, retaliated by dismissing key worker leaders involved in the protest. Undeterred, these leaders took decisive legal action, referring an unfair dismissal dispute to the CCMA and later the National Bargaining Council for the Road Freight and Logistics Industry. What followed was a prolonged legal struggle as the workers sought recognition and justice.
Labour broking and systemic delays
Over the years, Heineken and its labour brokers, Imperial, later succeeded by Liquor Runner, employed tactics of delay and denial to obstruct workers from accessing their claims. One such maneuver occurred when Liquor Runner falsely informed the bargaining council that the workers were on an unprotected strike, a claim that escalated the dispute to the Labour Court, stalling proceedings for years.
Recently, just as the trial was set to commence, Liquor Runner unexpectedly retracted its previous assertion, admitting that no unprotected strike had taken place. This critical concession reopened the possibility of taking the case back to the bargaining council. However, faced with heightened uncertainty and possibly fearing a court ruling in favor of the workers, Liquor Runner opted for a settlement, ultimately awarding the workers more compensation than they would have received under a standard unfair dismissal ruling.
Settlement secured: A hard-fought victory
The settlement, formalised in a court order on 15 May 2025, marks a significant victory for the affected workers and a broader win for precarious employees facing similar challenges. Their perseverance in fighting against labour broking exploitation has served as a crucial reminder of the power of collective advocacy.
The workers’ success was bolstered by unwavering support from Casual Workers Advice Office and legal representation from Lawyers for Human Rights. Both organisations emphasised the settlement’s significance in addressing the exploitative nature of labour broking in South Africa.
Gladys Thaane, one of the dismissed worker leaders, expressed relief over the settlement, stating, “I’m feeling relieved that it’s all over now. I’m glad that finally there is a settlement. At least we can restart our lives. The struggle continues at Heineken.”
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