Banks and Another v Coca-Cola South Africa A Division of Coca-Cola Africa (Pty) Ltd (J1114/07) [2007] ZALCJHB 68 (29 June 2007)

Banks and Another v Coca-Cola South Africa A Division of Coca-Cola Africa (Pty) Ltd (J1114/07) [2007] ZALCJHB 68 (29 June 2007)

The Labour Court found that there were material disputes of fact regarding the procedural fairness of the Applicants' dismissals, which could not be resolved on the papers. The Applicants delayed bringing their section 189A(13) application, and by the time of the hearing, the consultation process had broken down and the relationship between the parties had become acrimonious. The Court held that it would not serve the purposes of the Labour Relations Act or section 189A to order the Respondent to recommence the consultation process or to interdict the dismissals at this late stage. The only potentially appropriate remedy was compensation, but the Court was unable to determine entitlement...

Citation
[2007] ZALCJHB 68
Parties
Applicant: Andrew Banks; Applicant: David Brown; Respondent: Coca-Cola South Africa A Division of Coca-Cola Africa (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 June 2007
Case Number
J1114/07
Procedural Posture
Urgent Application / Application in Terms of Section 189 A(13) of the Labour Relations Act, Brought as a Matter of Urgency and Postponed for Hearing of Oral Evidence.
Judges
A Van Niekerk
Legal Topics
Retrenchment Procedure, Procedural Fairness, Section 189a Application, Compensation for Unfair Dismissal, Consultation Requirements
Labour Law Civil Procedure Retrenchment Procedure Procedural Fairness Section 189a Application Compensation for Unfair Dismissal Consultation Requirements

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Parties

Andrew Banks

Applicant

David Brown

Applicant

Coca-Cola South Africa A Division of Coca-Cola Africa (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application in Terms of Section 189 A(13) of the Labour Relations Act, Brought as a Matter of Urgency and Postponed for Hearing of Oral Evidence.

Legal Issues

  1. 1 Whether the Respondent complied with a fair procedure in terms of section 189A of the Labour Relations Act prior to dismissing the Applicants.
  2. 2 Whether the Applicants are entitled to an interdict preventing their dismissal and an order directing the Respondent to recommence the consultation process.
  3. 3 Whether compensation is the appropriate remedy given the stage of the proceedings and the breakdown in the consultation process.

Ratio Decidendi

The Labour Court found that there were material disputes of fact regarding the procedural fairness of the Applicants' dismissals, which could not be resolved on the papers. The Applicants delayed bringing their section 189A(13) application, and by the time of the hearing, the consultation process had broken down and the relationship between the parties had become acrimonious. The Court held that it would not serve the purposes of the Labour Relations Act or section 189A to order the Respondent to recommence the consultation process or to interdict the dismissals at this late stage. The only potentially appropriate remedy was compensation, but the Court was unable to determine entitlement...