Employees dismissed for participating in an unlawful strike appealed after the Court of Appeal authorized evocation from a Labour Court decision that had upheld reinstatement.
The Supreme Court held that participation in an unlawful strike may constitute 'another good and sufficient reason' under s. 16 of the Labour Code.
The proper inquiry for the investigation commissioner is whether the employer's asserted reason is substantial, genuine, and not a pretext for anti-union reprisal.
The commissioner and Labour Court have no jurisdiction to substitute their view of the proportionality of dismissal for that of the employer.
The appeal was dismissed with costs.
