ARB Electrical Wholesalers (Pty) Ltd v Hibbert (DA3/13) [2015] ZALAC 34; [2015] 11 BLLR 1081 (LAC); (2015) 36 ILJ 2989 (LAC) (21 August 2015)

ARB Electrical Wholesalers (Pty) Ltd v Hibbert (DA3/13) [2015] ZALAC 34; [2015] 11 BLLR 1081 (LAC); (2015) 36 ILJ 2989 (LAC) (21 August 2015)

The Labour Appeal Court held that the respondent was dismissed solely due to his age, without agreement to retire before age 65, and that the employer's conduct constituted an automatically unfair dismissal under section 187 of the LRA and unfair discrimination under section 6 of the EEA. The respondent was entitled to compensation for both claims, but the court must award a single just and equitable amount to avoid double penalisation. The Labour Court's award of 12 months' remuneration (R420,000.00) as compensation was found to be just and equitable, considering the respondent's seniority, history, and the circumstances of the dismissal. The respondent failed to prove any patrimonial...

Citation
[2015] ZALAC 34
Parties
Appellant: ARB Electrical Wholesalers (Pty) Ltd; Respondent: Hibbert N.D
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
21 August 2015
Case Number
DA3/13
Procedural Posture
Civil Appeal / Appeal and Cross Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs; cross-appeal dismissed with costs; Labour Court's judgment upheld.
Judges
Waglay JP, Ndlovu JA, Coppin JA
Legal Topics
Automatically Unfair Dismissal, Unfair Discrimination, Employment Equity Act, Compensation Quantum, Retirement Age, Solatium
Labour Law Civil Procedure Automatically Unfair Dismissal Unfair Discrimination Employment Equity Act Compensation Quantum Retirement Age Solatium

Case Brief

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Parties

ARB Electrical Wholesalers (Pty) Ltd

Appellant

Hibbert N.D

Respondent

Procedural Posture

Civil Appeal / Appeal and Cross Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the dismissal of the respondent based on age constituted an automatically unfair dismissal under section 187 of the LRA.
  2. 2 Whether the dismissal amounted to unfair discrimination under section 6 of the EEA.
  3. 3 Whether the respondent was entitled to compensation and/or damages under the LRA and EEA, and whether both claims could be brought in a single action.

Ratio Decidendi

The Labour Appeal Court held that the respondent was dismissed solely due to his age, without agreement to retire before age 65, and that the employer's conduct constituted an automatically unfair dismissal under section 187 of the LRA and unfair discrimination under section 6 of the EEA. The respondent was entitled to compensation for both claims, but the court must award a single just and equitable amount to avoid double penalisation. The Labour Court's award of 12 months' remuneration (R420,000.00) as compensation was found to be just and equitable, considering the respondent's seniority, history, and the circumstances of the dismissal. The respondent failed to prove any patrimonial...

Court Disposition

Appeal dismissed with costs; cross-appeal dismissed with costs; Labour Court's judgment upheld.

Orders

  • The appeal is dismissed with costs.
  • The cross-appeal is dismissed with costs.