Du Plessis v AMIC Trading (Pty) Ltd t/a Toy's R Us (JS230/15) [2017] ZALCJHB 196 (23 May 2017)

Du Plessis v AMIC Trading (Pty) Ltd t/a Toy's R Us (JS230/15) [2017] ZALCJHB 196 (23 May 2017)

The applicant failed to discharge the evidentiary burden to show that his dismissal was causally connected to the transfer of business under section 197 of the LRA. The evidence demonstrated that the respondent did not make a decision to relocate in December 2012, but only after the Modderfontein lease became uneconomical. The applicant accepted changes to his employment terms and only raised complaints after dismissal. The internal email did not determine the applicant's fate, as the respondent engaged in fair retrenchment consultations and made reasonable written offers, which the applicant rejected. The applicant did not present sufficient evidence to raise a credible possibility of an...

Citation
[2017] ZALCJHB 196
Parties
Applicant: Willem Hendrik Du Plessis; Respondent: AMIC Trading (Pty) Ltd t/a Toys’ R Us
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 May 2017
Case Number
JS 230/15
Procedural Posture
Civil Trial / Absolution From the Instance at Close of Applicant's Case
Outcome
Application for absolution from the instance granted; no order as to costs.
Judges
Y.F. Saloojee
Legal Topics
Automatic Unfair Dismissal, Transfer of Business, Retrenchment, Absolution From Instance, Operational Requirements Dismissal
Labour Law Civil Procedure Automatic Unfair Dismissal Transfer of Business Retrenchment Absolution From Instance Operational Requirements Dismissal

Case Brief

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Parties

Willem Hendrik Du Plessis

Applicant

AMIC Trading (Pty) Ltd t/a Toys’ R Us

Respondent

Procedural Posture

Civil Trial / Absolution From the Instance at Close of Applicant's Case

Legal Issues

  1. 1 Whether the applicant's dismissal was automatically unfair under section 187(1)(g) of the Labour Relations Act due to a transfer or a reason related to a transfer.
  2. 2 Whether the applicant discharged the evidentiary burden to show the dismissal was causally connected to the transfer.
  3. 3 Whether the respondent's conduct constituted a fair dismissal based on operational requirements.

Ratio Decidendi

The applicant failed to discharge the evidentiary burden to show that his dismissal was causally connected to the transfer of business under section 197 of the LRA. The evidence demonstrated that the respondent did not make a decision to relocate in December 2012, but only after the Modderfontein lease became uneconomical. The applicant accepted changes to his employment terms and only raised complaints after dismissal. The internal email did not determine the applicant's fate, as the respondent engaged in fair retrenchment consultations and made reasonable written offers, which the applicant rejected. The applicant did not present sufficient evidence to raise a credible possibility of an...

Court Disposition

Application for absolution from the instance granted; no order as to costs.

Orders

  • The application for absolution from the instance is granted.
  • There is no order as to costs.