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South Africa Judgment

Labour Court

Maibelo and Another v Moreni Industrial Cleaning Service CC (JS204/02) [2003] ZALC 138 (5 February 2003)

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Source document

01

Holding and result

The court found that the respondent failed to comply with the procedural requirements of section 189 of the Labour Relations Act and did not provide a fair reason for the dismissal of the applicants. In the absence of any opposition or evidence from the respondent, and based on the uncontested evidence of the applicants, the court held that the dismissals were both procedurally and substantively unfair. The applicants were entitled to reinstatement on terms no less favourable than those prior to dismissal, with retrospective effect, subject to a maximum of 12 months' backpay. Costs were awarded against the respondent.

Court disposition

The applicants' dismissals were declared both procedurally and substantively unfair. The applicants are to be reinstated with retrospective effect, and the respondent is ordered to pay costs.

Orders

  • The dismissal of the first and second applicants on 30 April 2001 is declared both procedurally and substantively unfair.
  • The respondent is ordered to reinstate the first and second applicants on terms and conditions no less favourable than those prior to dismissal, with retrospective effect. The amount of backpay may not exceed 12 months' remuneration.
  • The respondent is ordered to pay the applicants' costs.

02

Material facts

Parties

Maibelo Lebhang Justice

Applicant Counsel: Mr Madumo

Kutoane Jacob

Applicant

Moreni Industrial Cleaning Services CC

Respondent

Amounts and remedies

  • Maximum Backpay Period: ZAR 12

03

Procedural history

  1. Posture

    Labour Unfair Dismissal / Trial

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants argued that their dismissals were effected without compliance with the procedural requirements of section 189 of the Labour Relations Act. They contended that no fair procedure was followed and that the respondent failed to provide a fair reason for their dismissal. The applicants sought reinstatement with retrospective effect and payment of costs.
Respondent
The respondent did not oppose the matter and failed to present any evidence or argument to justify the dismissals or demonstrate compliance with section 189 of the Labour Relations Act.

05

Court’s reasoning

  1. 01

    Labour Relations Act 66 of 1995, section 189

    The employer bears the onus of proving that a dismissal was for a fair reason and that fair procedure was followed in terms of section 189 of the Labour Relations Act.

  2. 02

    Maibelo and Another v Moreni Industrial Cleaning Service CC (JS204/02) [2003] ZALC 138

    Where an employer fails to oppose proceedings or present evidence, the court may find the dismissal both procedurally and substantively unfair.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the respondent failed to comply with the procedural requirements of section 189 of the Labour Relations Act and did not provide a fair reason for the dismissal of the applicants. In the absence of any opposition or evidence from the respondent, and based on the uncontested evidence of the applicants, the court held that the dismissals were both procedurally and substantively unfair. The applicants were entitled to reinstatement on terms no less favourable than those prior to dismissal, with retrospective effect, subject to a maximum of 12 months' backpay. Costs were awarded against the respondent.

Obiter and limits

  • The respondent's failure to participate in the proceedings or respond to notices served is noted as a disregard for the procedural obligations imposed by the Labour Relations Act.
  • Employers must be aware that the onus to justify dismissals and comply with statutory procedures is strictly enforced by the Labour Court.

Court disposition

The applicants' dismissals were declared both procedurally and substantively unfair. The applicants are to be reinstated with retrospective effect, and the respondent is ordered to pay costs.

  • The dismissal of the first and second applicants on 30 April 2001 is declared both procedurally and substantively unfair.
  • The respondent is ordered to reinstate the first and second applicants on terms and conditions no less favourable than those prior to dismissal, with retrospective effect. The amount of backpay may not exceed 12 months' remuneration.
  • The respondent is ordered to pay the applicants' costs.

Source and reliance status

Labour Court

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Judgment reading view

Judgment text

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Source document

Labour Court

Judgment

[2003] ZALC 138

Sneller Verbatim/MS

IN THE LABOUR COURT OF SOUTH

AFRICA

BRAAMFONTEIN CASE NO: JS204/02

2003-02-05

In the matter between

MAIBELO LEBHANG JUSTICE 1st Applicant

KUTOANE JACOB 2nd Applicant

and

MOREMI INDUSTRIAL CLEANING

SERVICES CC Respondent

________________

J U D G M E N T

REVELAS, J:

The services of the first and second applicants were terminated for the ostensible operational requirements of the respondent, who has elected not to oppose this matter, despite the fact that there are several notices being served on it.

The respondent, as the employer, has the onus of proving that the dismissal was for a fair reason and that it had complied with the provisions of section 189, of the Labour Relations Act 66, of 1995 as amended ("the Act"). On the evidence presented by Mr Madumo, the first applicant in this matter, it is apparent that no fair procedure was followed. Futher in the absence of the respondent, it was also not proved that there was fair reason for the dismissal.

I therefore find that the dismissal of the first and second applicants is both procedurally and substantively unfair.

In the circumstances I make an order to the effect that:

1. The dismissal of the first and second respondent, on 30 April 2001, was both procedurally and substantively unfair.

2. The respondent is to reinstate the first and second applicants, on terms and conditions no less favourable to them than those that would applied, were it not for the unfair dismissals. The reinstatement is to be with retrospective effect. The amount of backpay may not exceed 12 months remuneration.

3. The respondent is to pay the applicant's costs in this matter.

____

E. Revelas

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Authorities

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Cases, legislation, regulations, and constitutional provisions identified in the available record.

Maibelo and Another v Moreni Industrial Cleaning Service CC (JS204/02) [2003] ZALC 138

Case cited

Labour Relations Act 66 of 1995

Legislation

Legislation referenced in the available case record.

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