On 11 May 2006 Vusi Sibeko won his case for unfair dismissal at the CCMA. His employer, the Royal Ascot Superspar in Cape Town, was ordered to reinstate Sibeko by the end of May and pay 5 months of back pay. 

The FXI’s Simon Delaney appeared at the CCMA hearing on 27 February 2006 as an expert witness in support of the constitutional right of all employees to express themselves at work, even if this includes speech critical of their employer.

Sibeko, a member of the Commercial, Services and Allied Workers' Union (Cosawu) was dismissed on 17 November 2005 for writing an article in the newspaper of the Democratic Socialist Movement (DSM) that was critical of working conditions at Superspar.

In finding that Sibeko was dismissed unfairly, CCMA Commissioner Advocate Soewyba Flowers issued a damning indictment of Superspar and its reasons for dismissing Sibeko:

The allegations made in Sibeko’s article, including that staff members were underpaid, were true;

• The article was not derogatory or defamatory, nor did it instil a negative approach towards management;
• Superspar’s contention that the workplace was not the appropriate forum to express his views is fundamentally flawed;
• Superspar acted in a bad faith and underhanded manner throughout the process and were guilty of improper conduct;
• Superspar ignored blatant human rights abuses of its own workers;
• Superspar should have joined the public debate initiated by Sibeko in the article. Instead, Superspar chose to dismiss Sibeko unjustifiably and without good reason;
• Historically workers used the workplace as a battleground to fight discrimination, authoritarianism and oppression;
• The workplace is the place where the culture of apartheid and racism was crushed;
• Workers contributed much to the labour laws as we know them today, many of whom lost their lives or livelihood for these labour laws;
• There cannot be any possible reason why now, after democracy had been obtained, why freedom of expression in the workplace would now be denied;
• The right to freedom of expression is a sacred tenet of our Constitution and this right naturally extends to the workplace.  

The FXI believes that this decision will set an extremely positive precedent for freedom of expression at shop floor level. The Commissioner’s judgment is both a ferocious attack on the oppressive and grossly unfair labour practices of Superspar, as well as a long-overdue confirmation of the extension of our Bill of Rights to the workplace. The judgment vindicates Sibeko for exercising his constitutional right to freedom of expression. The judgment also alluded to the fact that Superspar has not complied with the minimum wage for the retail sector. This is an especially serious allegation that demands further public exposure and debate. By attempting to stifle this debate, especially amongst its own workers, Superspar has been exposed as intolerant and censorious.

Workers have an inalienable right to raise public debate about their working conditions, and should be able to do so freely. This is especially so in the current climate of such high unemployment and inequality in South Africa, where workers are particularly vulnerable. Companies such as Superspar too often abuse their power to hire and fire at will, especially those workers with the courage to speak out against injustice.