JOHANNESBURG-- An advocate representing nine workers who were dismissed for singing a struggle song with racial lyrics, has argued that workers cannot simply be fired over a song.

Advocate Chris Orr has been arguing in the Constitutional Court here to oppose an application by Duncanmec, a manufacturer of Refuse Handling Equipment and Dry Bulk Road Tankers.

The company, based in East Rand, near here, is applying for leave to appeal the decision of the Commission for Conciliation, Mediation and Arbitration (CCMA ) and the Labour Court which ruled against it.

Duncanmec dismissed the workers after they sang a struggle song which contained the words hit the boers.

Orr also says this issue should not even be before the Constitutional Court.

We say the reason why we need or why this court needs to develop this default position is that if we start to fix things in the workplace, we can start to fight things in society," he argued.

"Now my Lord, essentially, I understand my learned friend to be saying this court should formulate policy around the manner in which unfair dismissals should be approached. And that surely is a job for the legislature and not for the court.


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