Bongoza and Others v Adcorp Blu A Divion of Fulfilment & Services (Pty) Ltd and Others (D60/2020) [2024] ZALCD 41 (4 November 2024)

Bongoza and Others v Adcorp Blu A Divion of Fulfilment & Services (Pty) Ltd and Others (D60/2020) [2024] ZALCD 41 (4 November 2024)

The court found that National Brands established bona fide operational requirements necessitating the reduction of its part-time workforce due to decreased product demand. The applicants, although deemed employees of National Brands for LRA purposes, remained part-time employees and were not automatically excluded from retrenchment. The arbitration award did not convert their employment status to full-time nor grant them greater rights than other part-time employees. The selection criteria applied—skills and length of service—were agreed upon during the facilitation process and not shown to be unfair. The applicants' arguments regarding exclusion from retrenchment and lack of consultation...

Citation
[2024] ZALCD 41
Parties
Applicant: Thanduxolo A Bongoza; Applicant: Second and Further Applicants as listed at Annexure 'A'; Respondent: Adcorp Blu, a Division of Fulfilment & Services (Pty) Ltd; Respondent: National Brands Limited (Pty) Ltd; Respondent: Mr Heidi de Groot (Director)
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
4 November 2024
Case Number
D60/2020
Procedural Posture
Labour Trial / Judgment After Trial
Outcome
Application dismissed. The termination of the applicants' employment by the second respondent was substantively fair.
Judges
K Allen-Yaman
Legal Topics
Retrenchment, Operational Requirements, Selection Criteria, Deemed Employment, Section 189a Procedure, Equal Treatment
Labour Law Retrenchment Operational Requirements Selection Criteria Deemed Employment Section 189a Procedure Equal Treatment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Thanduxolo A Bongoza

Applicant

Second and Further Applicants as listed at Annexure 'A'

Applicant

Adcorp Blu, a Division of Fulfilment & Services (Pty) Ltd

Respondent

National Brands Limited (Pty) Ltd

Respondent

Mr Heidi de Groot (Director)

Respondent

Procedural Posture

Labour Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the applicants' dismissals for operational requirements were substantively fair.
  2. 2 Whether the applicants, as deemed employees of National Brands, ought to have been excluded from the retrenchment process.
  3. 3 Whether the selection criteria applied by National Brands were fair.

Ratio Decidendi

The court found that National Brands established bona fide operational requirements necessitating the reduction of its part-time workforce due to decreased product demand. The applicants, although deemed employees of National Brands for LRA purposes, remained part-time employees and were not automatically excluded from retrenchment. The arbitration award did not convert their employment status to full-time nor grant them greater rights than other part-time employees. The selection criteria applied—skills and length of service—were agreed upon during the facilitation process and not shown to be unfair. The applicants' arguments regarding exclusion from retrenchment and lack of consultation...

Court Disposition

Application dismissed. The termination of the applicants' employment by the second respondent was substantively fair.

Orders

  • The termination of the applicants' employment by the second respondent was substantively fair.
  • The applicants' claim is dismissed.