Ndaba and Others v T - Systems (Pty) Ltd and Others (JS788/2012) [2015] ZALCJHB 346; [2016] 1 BLLR 60 (LC) (7 October 2015)

Ndaba and Others v T - Systems (Pty) Ltd and Others (JS788/2012) [2015] ZALCJHB 346; [2016] 1 BLLR 60 (LC) (7 October 2015)

The Labour Court lacks jurisdiction to adjudicate claims of procedural unfairness in retrenchments under section 189A unless brought by way of an application under section 189A(13) within the prescribed period. The applicants' claim that their dismissals were unlawful, invalid, or void due to premature notice of termination is not sustainable in law. The notice of termination was issued in accordance with the statutory requirements, and recent case law confirms that non-compliance with section 189A does not result in invalidity of dismissals. The preliminary points raised by the respondents are upheld, and the applicants' claims for invalidity and reinstatement are dismissed.

Citation
[2015] ZALCJHB 346
Parties
Applicant: Lady-Peace Lindi Ndaba & 15 Others; Respondent: T - Systems (Pty) Ltd; Respondent: Arivia.Kom (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 October 2015
Case Number
JS788/2012
Procedural Posture
Unfair Dismissal Application / Preliminary Points and Jurisdictional Challenge
Outcome
Preliminary points upheld; applicants' claims for invalidity and reinstatement dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Automatically Unfair Dismissal, Operational Requirements Retrenchment, Section 189a Procedure, Jurisdiction of Labour Court, Notice of Termination, Procedural Vs Substantive Fairness
Labour Law Automatically Unfair Dismissal Operational Requirements Retrenchment Section 189a Procedure Jurisdiction of Labour Court Notice of Termination Procedural Vs Substantive Fairness

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Parties

Lady-Peace Lindi Ndaba & 15 Others

Applicant

T - Systems (Pty) Ltd

Respondent

Arivia.Kom (Pty) Ltd

Respondent

Procedural Posture

Unfair Dismissal Application / Preliminary Points and Jurisdictional Challenge

Legal Issues

  1. 1 Whether the termination of the applicants' employment contracts was void, voidable, or should be cancelled and set aside, with reinstatement or damages awarded.
  2. 2 Whether the notice of termination of the applicants' services was premature and invalid for breach of section 189A(2) of the LRA, rendering the dismissals invalid and of no force and effect.
  3. 3 Whether the Labour Court has jurisdiction to adjudicate claims of procedural unfairness in the retrenchment process.

Ratio Decidendi

The Labour Court lacks jurisdiction to adjudicate claims of procedural unfairness in retrenchments under section 189A unless brought by way of an application under section 189A(13) within the prescribed period. The applicants' claim that their dismissals were unlawful, invalid, or void due to premature notice of termination is not sustainable in law. The notice of termination was issued in accordance with the statutory requirements, and recent case law confirms that non-compliance with section 189A does not result in invalidity of dismissals. The preliminary points raised by the respondents are upheld, and the applicants' claims for invalidity and reinstatement are dismissed.

Court Disposition

Preliminary points upheld; applicants' claims for invalidity and reinstatement dismissed.

Orders

  • The preliminary points raised by the respondents are upheld.
  • The termination of the applicants' employment contracts is not void or voidable.