Mweli and Another v MTN Group Management Services (Pty) Ltd (JS610/16) [2019] ZALCJHB 119 (22 May 2019)

Mweli and Another v MTN Group Management Services (Pty) Ltd (JS610/16) [2019] ZALCJHB 119 (22 May 2019)

The court found that the respondent's restructuring was commercially rational and procedurally fair, as consultation meetings were held and information disclosed. However, the dismissal of the applicants was substantively unfair because the respondent failed to apply a fair and objective selection criterion for dismissal. The process of making employees apply for vacant positions was a means to avoid dismissal, not a selection method. At the time of dismissal, there were vacant positions for which the applicants could have been considered, and the respondent did not provide sufficient evidence explaining why the applicants were not appointed to these roles. The respondent's failure to...

Citation
[2019] ZALCJHB 119
Parties
Applicant: Sphiwe Mweli; Applicant: Olga Nakedi; Respondent: MTN Group Management Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 May 2019
Case Number
JS610/16
Procedural Posture
Unfair Dismissal Application / Judgment After Trial
Judges
GN Moshoana
Legal Topics
Unfair Dismissal, Retrenchment, Selection Criteria, Operational Requirements, Compensation, Reinstatement
Labour Law Unfair Dismissal Retrenchment Selection Criteria Operational Requirements Compensation Reinstatement

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Parties

Sphiwe Mweli

Applicant

Olga Nakedi

Applicant

MTN Group Management Services (Pty) Ltd

Respondent

Procedural Posture

Unfair Dismissal Application / Judgment After Trial

Legal Issues

  1. 1 Was the dismissal of the applicants substantively and procedurally fair?
  2. 2 Did the respondent apply a fair and objective selection criterion for dismissal?
  3. 3 Was dismissal the measure of last resort, or could alternatives have been offered to the applicants?

Ratio Decidendi

The court found that the respondent's restructuring was commercially rational and procedurally fair, as consultation meetings were held and information disclosed. However, the dismissal of the applicants was substantively unfair because the respondent failed to apply a fair and objective selection criterion for dismissal. The process of making employees apply for vacant positions was a means to avoid dismissal, not a selection method. At the time of dismissal, there were vacant positions for which the applicants could have been considered, and the respondent did not provide sufficient evidence explaining why the applicants were not appointed to these roles. The respondent's failure to...