Engelbrecht v Fraser Alexander (Pty) Ltd (JS518/2014) [2016] ZALCJHB 47 (10 February 2016)

Engelbrecht v Fraser Alexander (Pty) Ltd (JS518/2014) [2016] ZALCJHB 47 (10 February 2016)

The court found that the respondent did not take a unilateral decision to declare the applicant's position redundant. Multiple consultation meetings were held, and alternatives were considered before the decision to downsize the Water Treatment Division. The applicant was aware of the possibility of retrenchment and participated in the consultation process. The refusal to bump the applicant into other positions was justified by the independent operation of divisions and the applicant's lack of requisite skills for certain roles. The appointment of Mr Kgomo was procedurally unfair only to the extent that the decision was made before the applicant was interviewed. The court awarded the...

Citation
[2016] ZALCJHB 47
Parties
Applicant: Barend Johannes Jakobus Engelbrecht; Respondent: Fraser Alexander (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 February 2016
Case Number
JS518/2014
Procedural Posture
Unfair Dismissal Application / Judgment
Outcome
The retrenchment was substantively and procedurally fair except for the procedural unfairness regarding the Project Manager appointment; three months' compensation awarded for that unfairness.
Judges
AC Basson
Legal Topics
Unfair Retrenchment, Section 189 Consultation, Bumping, Alternative Positions, Compensation for Procedural Unfairness
Labour Law Unfair Retrenchment Section 189 Consultation Bumping Alternative Positions Compensation for Procedural Unfairness

Case Brief

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Parties

Barend Johannes Jakobus Engelbrecht

Applicant

Fraser Alexander (Pty) Ltd

Respondent

Procedural Posture

Unfair Dismissal Application / Judgment

Legal Issues

  1. 1 Was the applicant's retrenchment substantively and procedurally fair under section 191(5)(b)(ii) of the Labour Relations Act?
  2. 2 Did the respondent properly consider alternatives to retrenchment, including bumping and redeployment?
  3. 3 Was the appointment of Mr Kgomo to the Project Manager position procedurally fair to the applicant?

Ratio Decidendi

The court found that the respondent did not take a unilateral decision to declare the applicant's position redundant. Multiple consultation meetings were held, and alternatives were considered before the decision to downsize the Water Treatment Division. The applicant was aware of the possibility of retrenchment and participated in the consultation process. The refusal to bump the applicant into other positions was justified by the independent operation of divisions and the applicant's lack of requisite skills for certain roles. The appointment of Mr Kgomo was procedurally unfair only to the extent that the decision was made before the applicant was interviewed. The court awarded the...

Court Disposition

The retrenchment was substantively and procedurally fair except for the procedural unfairness regarding the Project Manager appointment; three months' compensation awarded for that unfairness.

Orders

  • The retrenchment of the applicant was substantively and procedurally fair except in respect of the filling of the Project Manager position in the Tailings Division.
  • The respondent is ordered to pay the applicant three months' compensation for procedural unfairness relating to the Project Manager position.