Can gross procedural unfairness mutate into substantive unfairness?

The Labour Appeal Court (LAC), in Universal Product Network (Pty) Ltd (UPN) v Mbatsana N.O. (JA31/25) ZALAC 14, addressed the “ important legal question of whether gross procedural unfairness can mutate into substantive unfairness ”. The case arose from the dismissal of approximately 256 employees following a protected strike for breach of picketing rules, contravention of a court order, and operational disruption. The Commission for Conciliation, Mediation and Arbitration (CCMA) found the dismissals substantively fair but procedurally unfair, awarding one month’s compensation. On review, the Labour Court held that the procedural defects were so serious that they vitiated the outcome, morphing the dismissals into substantively unfair dismissals. The employer appealed.