This was an application in terms of s 145 of the Labour Relations Act 66 of 1966. Toyota sought to have the decision of the CCMA, ordering the re-instatement of Mr Lungile Njini - then an employee of Toyota for 17 years – be set aside, and that his dismissal be declared fair. The case represents an interesting interplay between the quest for discipline and productivity in the workplace and the right to exercise one’s constitutional right to culture as provided for in s 30 of the Constitution of the Republic of South Africa Act. This note is divided into four parts: (1) the facts of the case; (2) the award of CCMA arbitrator; (3) the legal question; (4) the judgment of the Labour Court; (5) the discussion, and (6) the conclusion.
"Toyota Motors South Africa (Pty) Ltd v NUMSA obo Njini and Others (D 692/19  ZALCD 12 (14 July 2022),"
SAIPAR Case Review: Vol. 5:
3, Article 6.
Available at: https://scholarship.law.cornell.edu/scr/vol5/iss3/6