Unfairly dismissed workers have been denied their back pay, despite the highest court in SA ratifying the order that it should be paid. And all because they subsequently followed the wrong legal process in taking their former employer to task
EVEN the judge was uncomfortable about the decision she had to make in the case of Kubeka v Ni-Da Transport. And who could blame her? It is not often that judges are compelled to find in favour of the side that should not win, but this was one such case – and it clearly rankled.