Gold Fields Trust (Pty) Limited and Another v Stander and Others (JA45/00) [2002] ZALAC 12; [2002] 9 BLLR 797 (LAC) (29 May 2002)

Gold Fields Trust (Pty) Limited and Another v Stander and Others (JA45/00) [2002] ZALAC 12; [2002] 9 BLLR 797 (LAC) (29 May 2002)

The Labour Appeal Court found that the decision to retrench the respondents was made by OPSCO prior to the commencement of any consultation process, as evidenced by documentary records and the absence of credible testimony to the contrary. The consultation process was therefore not genuine and did not comply with section 189 of the Labour Relations Act, rendering the dismissals procedurally unfair. The respondents were entitled to compensation. Regarding costs, the Court held that the second appellant, having successfully defended the claim that the respondents were employed by it, was entitled to its costs, and the Labour Court's order was amended accordingly.

Citation
[2002] ZALAC 12
Parties
Appellant: Gold Fields Trust (Pty) Limited; Appellant: Gold Fields Mining and Development Limited; Respondent: Philip Stander; Respondent: Oleg Krzyzanowski; Respondent: Van der Nest LS; Respondent: Du Plessis A; Respondent: Annandale WG; Respondent: Towill
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
29 May 2002
Case Number
JA45/00
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal by Gold Fields Trust (Pty) Limited dismissed; appeal by Gold Fields Mining and Development Limited on costs upheld.
Judges
Zondo JP, Nicholson JA, Page AJA
Legal Topics
Unfair Dismissal, Retrenchment, Section 189 Consultation, Procedural Fairness, Costs Award
Labour Law Civil Procedure Unfair Dismissal Retrenchment Section 189 Consultation Procedural Fairness Costs Award

Case Brief

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Parties

Gold Fields Trust (Pty) Limited

Appellant

Gold Fields Mining and Development Limited

Appellant

Philip Stander

Respondent

Oleg Krzyzanowski

Respondent

Van der Nest LS

Respondent

Du Plessis A

Respondent

Annandale WG

Respondent

Towill

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the dismissal of the respondents for operational requirements was procedurally fair under section 189 of the Labour Relations Act.
  2. 2 Whether the consultation process complied with statutory requirements.
  3. 3 Whether the Labour Court correctly awarded costs and compensation.

Ratio Decidendi

The Labour Appeal Court found that the decision to retrench the respondents was made by OPSCO prior to the commencement of any consultation process, as evidenced by documentary records and the absence of credible testimony to the contrary. The consultation process was therefore not genuine and did not comply with section 189 of the Labour Relations Act, rendering the dismissals procedurally unfair. The respondents were entitled to compensation. Regarding costs, the Court held that the second appellant, having successfully defended the claim that the respondents were employed by it, was entitled to its costs, and the Labour Court's order was amended accordingly.

Court Disposition

Appeal by Gold Fields Trust (Pty) Limited dismissed; appeal by Gold Fields Mining and Development Limited on costs upheld.

Orders

  • Gold Fields Trust (Pty) Limited is ordered to pay the respondents' costs of the appeal.
  • The respondents are ordered to pay the second appellant's costs on appeal jointly and severally, the one paying, the others to be absolved.