Brian Joffe t/a J Air v Commission for Conciliation Mediation & Arbitration and Others (JA84/2017) [2018] ZALAC 59 (7 June 2018)

Brian Joffe t/a J Air v Commission for Conciliation Mediation & Arbitration and Others (JA84/2017) [2018] ZALAC 59 (7 June 2018)

The court found that the South African Civil Aviation Regulations do not prescribe a normal retirement age for co-pilots, but merely set conditions under which they may continue to fly after reaching the age of 60. The appellant's reliance on section 187(2)(b) of the Labour Relations Act was misplaced, as there was no agreed or normal retirement age for co-pilots in the appellant's employ or in the industry. The evidence showed that Harrison's dismissal was based on operational requirements, not age, and that the appellant failed to consider alternatives or consult meaningfully with Harrison. The dismissal was both substantively and procedurally unfair, and the Labour Court's judgment...

Citation
[2018] ZALAC 59
Parties
Appellant: Brian Joffe t/a J Air; Respondent: Commission for Conciliation Mediation & Arbitration; Respondent: Larry Shear N.O.; Respondent: G.P. Harrison
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
7 June 2018
Case Number
JA84/2017
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs.
Judges
CJ Musi, Jappie, Savage
Legal Topics
Retirement Age, Unfair Dismissal, Operational Requirements, Procedural Fairness, Civil Aviation Regulations
Labour Law Retirement Age Unfair Dismissal Operational Requirements Procedural Fairness Civil Aviation Regulations

Case Brief

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Parties

Brian Joffe t/a J Air

Appellant

Commission for Conciliation Mediation & Arbitration

Respondent

Larry Shear N.O.

Respondent

G.P. Harrison

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Does the South African Civil Aviation Regulations set a normal retirement age for a co-pilot?
  2. 2 Was the dismissal of Harrison substantively and procedurally unfair?
  3. 3 Was the termination of Harrison's employment based on operational requirements or retirement age?

Ratio Decidendi

The court found that the South African Civil Aviation Regulations do not prescribe a normal retirement age for co-pilots, but merely set conditions under which they may continue to fly after reaching the age of 60. The appellant's reliance on section 187(2)(b) of the Labour Relations Act was misplaced, as there was no agreed or normal retirement age for co-pilots in the appellant's employ or in the industry. The evidence showed that Harrison's dismissal was based on operational requirements, not age, and that the appellant failed to consider alternatives or consult meaningfully with Harrison. The dismissal was both substantively and procedurally unfair, and the Labour Court's judgment...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.