MISA victory reaffirms workers cannot be dismissed for telling the truth
MISA, the Motor Industry Staff Association, has secured a significant victory for workers' rights after successfully representing a member in an unfair dismissal dispute against Mossel Bay Ford.
Following a lengthy arbitration process under the auspices of the Motor Industry Bargaining Council (MIBCO) Dispute Resolution Centre (DRC), the Arbitrator found that the dismissal of Service Advisor Anya van Antwerp was substantively unfair. She was awarded her nearly R70 000 in compensation, equivalent to four months’ salary. The award was subsequently upheld after the employer's rescission application was dismissed by the DRC.
The case centred on allegations that Van Antwerp had acted dishonestly after giving evidence during a disciplinary hearing. However, the arbitration process established that her testimony was truthful and supported by both documentary and witness evidence. The Arbitrator found that other employees had also received cash payments related to the collection of used oil and that such transactions were common practice in the workplace. As a result, there was no basis for allegations of dishonesty or misconduct.
Martlé Keyter, MISA’s Chief Executive Officer: Operations, says the ruling sends a strong message that employees cannot be punished for providing truthful evidence during disciplinary proceedings, even where such evidence may implicate colleagues or expose uncomfortable workplace realities.
“This outcome is a victory not only for our member but for every worker who fears victimisation for speaking the truth. Workplace justice depends on employees being able to testify honestly without fear of retaliation. Employers cannot dismiss workers simply because they dislike the evidence being presented,” says Keyter.
The matter had devastating consequences for the Van Antwerp family. Following the workplace dispute, criminal charges were laid against Anya and her mother, Tanya van Antwerp, a former Workshop Manager at Mossel Bay Ford. Both women were arrested and detained for 48 hours in April 2025.
MISA welcomes the state’s decision to withdrawal of the criminal charges against both women in the Mossel Bay Magistrates Court.
According to Keyter the case highlights the vital role trade unions play in protecting employees against unfair labour practices.
“Without effective representation, many workers would struggle to challenge unfair dismissals. MISA remains committed to defending members' rights and ensuring that fairness, due process and truth prevail in South African workplaces.”
Issued by Sonja Carstens, Manager: Media and Communication, on behalf of MISA. For media enquiries contact Phakamile Hlubi-Majola, MISA Spokesperson, on 083 367 6417.
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