Reeflords Property Development (Pty) Ltd v Almeida (JA72/2020) [2022] ZALAC 8; [2022] 6 BLLR 530 (LAC); (2022) 43 ILJ 1648 (LAC) (16 March 2022)

Reeflords Property Development (Pty) Ltd v Almeida (JA72/2020) [2022] ZALAC 8; [2022] 6 BLLR 530 (LAC); (2022) 43 ILJ 1648 (LAC) (16 March 2022)

The Labour Appeal Court found that the appellant failed to provide a reasonable alternative to retrenchment, as the agreed conditions of training and travel allowance were omitted from the contract for the alternative position. The appellant acted in bad faith by not correcting the contract or responding to the respondent's concerns, rendering the dismissal both procedurally and substantively unfair. The Labour Court's award of compensation was justified, considering the relevant circumstances. However, the costs order did not align with the ordinary rule in labour matters and was set aside on appeal.

Citation
[2022] ZALAC 8
Parties
Appellant: Reeflords Property Development (Pty) Ltd; Respondent: Lauren De Almeida
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
16 March 2022
Case Number
JA72/2020
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal succeeds only in respect of costs; the costs order of the Labour Court is set aside.
Judges
Phatshoane, Savage, Phatudi
Legal Topics
Unfair Dismissal, Retrenchment Procedure, Compensation for Unfair Dismissal, Costs in Labour Matters
Labour Law Unfair Dismissal Retrenchment Procedure Compensation for Unfair Dismissal Costs in Labour Matters

Case Brief

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Parties

Reeflords Property Development (Pty) Ltd

Appellant

Lauren De Almeida

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the respondent's dismissal on grounds of operational requirements was procedurally and substantively unfair.
  2. 2 Whether the appellant provided a reasonable alternative to retrenchment.
  3. 3 Whether the compensation and costs orders made by the Labour Court were appropriate.

Ratio Decidendi

The Labour Appeal Court found that the appellant failed to provide a reasonable alternative to retrenchment, as the agreed conditions of training and travel allowance were omitted from the contract for the alternative position. The appellant acted in bad faith by not correcting the contract or responding to the respondent's concerns, rendering the dismissal both procedurally and substantively unfair. The Labour Court's award of compensation was justified, considering the relevant circumstances. However, the costs order did not align with the ordinary rule in labour matters and was set aside on appeal.

Court Disposition

Appeal succeeds only in respect of costs; the costs order of the Labour Court is set aside.

Orders

  • The appeal succeeds only in respect of the issue of costs.
  • The costs order made by the Labour Court is set aside.