CEPPWAWU obo Gumede v Republican Press (LD113/00 , D113/00) [2005] ZALC 21; [2006] 6 BLLR 537 (LC); (2006) 27 ILJ 335 (LC) (13 September 2005)

CEPPWAWU obo Gumede v Republican Press (LD113/00 , D113/00) [2005] ZALC 21; [2006] 6 BLLR 537 (LC); (2006) 27 ILJ 335 (LC) (13 September 2005)

The Court found that the respondent failed to consult in good faith with CEPPWAWU, did not disclose the change in selection criteria from LIFO across the board to LIFO departmentally, and applied the criteria in a subjective and arbitrary manner. The respondent predetermined the retrenchment framework with SATU and attempted to force CEPPWAWU to accept it, undermining the integrity of the process. The selection criteria were not objectively applied, prejudicing employees with longer service and multi-skills. The respondent's conduct throughout, including its resistance to providing information and technical objections, demonstrated bad faith. The dismissals were both procedurally and...

Citation
[2005] ZALC 21
Parties
Applicant: CEPPWAWU [on behalf of Gumede]; Respondent: Republican Press (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
13 September 2005
Case Number
D113/00
Procedural Posture
Labour Litigation / Trial Judgment
Outcome
The dismissals of the individual applicants were declared procedurally and substantively unfair. Twenty-eight applicants were reinstated with effect from 7 September 1999, subject to deductions for delay and any notice or severance pay received. Seven applicants and five deceased applicants' estates were awarded...
Judges
Pillay D
Legal Topics
Retrenchment, Selection Criteria, Last in First Out, Skills Retention, Procedural Fairness, Substantive Fairness
Labour Law Retrenchment Selection Criteria Last in First Out Skills Retention Procedural Fairness Substantive Fairness

Case Brief

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Parties

CEPPWAWU [on behalf of Gumede]

Applicant

Republican Press (Pty) Ltd

Respondent

Procedural Posture

Labour Litigation / Trial Judgment

Legal Issues

  1. 1 Whether the respondent's retrenchment of the applicants was procedurally and substantively fair.
  2. 2 Whether the selection criteria applied by the respondent were disclosed, fair, and objectively implemented.
  3. 3 Whether the respondent consulted in good faith with CEPPWAWU regarding retrenchment and selection criteria.

Ratio Decidendi

The Court found that the respondent failed to consult in good faith with CEPPWAWU, did not disclose the change in selection criteria from LIFO across the board to LIFO departmentally, and applied the criteria in a subjective and arbitrary manner. The respondent predetermined the retrenchment framework with SATU and attempted to force CEPPWAWU to accept it, undermining the integrity of the process. The selection criteria were not objectively applied, prejudicing employees with longer service and multi-skills. The respondent's conduct throughout, including its resistance to providing information and technical objections, demonstrated bad faith. The dismissals were both procedurally and...

Court Disposition

The dismissals of the individual applicants were declared procedurally and substantively unfair. Twenty-eight applicants were reinstated with effect from 7 September 1999, subject to deductions for delay and any notice or severance pay received. Seven applicants and five deceased applicants' estates were awarded...

Orders

  • The dismissal of the individual applicants is procedurally and substantively unfair.
  • Twenty-eight applicants are reinstated in their employment with the respondent with effect from 7 September 1999 on the same terms and conditions as applied at the date of their dismissal on 6 September 1999.