South African Breweries (Pty) Ltd v Louw (CA16/2016, C285/2014) [2017] ZALAC 63; [2018] 1 BLLR 26 (LAC); (2018) 39 ILJ 189 (LAC) (24 October 2017)

South African Breweries (Pty) Ltd v Louw (CA16/2016, C285/2014) [2017] ZALAC 63; [2018] 1 BLLR 26 (LAC); (2018) 39 ILJ 189 (LAC) (24 October 2017)

The Labour Appeal Court held that the Labour Court erred by making findings on issues not properly pleaded or refined in the pre-trial minute. The only issues properly before the court related to the George area manager post, not the Aliwal North post. The respondent failed to apply for the Aliwal North post despite being invited, and the employer was not obliged to appoint him without competition. The use of performance ratings in the competitive appointment process for the new post did not constitute unfair selection criteria for dismissal under section 189(2)(b) of the Labour Relations Act, as the redundancy affected a single post and the competitive process was a legitimate method to...

Citation
[2017] ZALAC 63
Parties
Appellant: South African Breweries (Pty) Ltd; Respondent: Louw, Rudolph Stephanus
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
24 October 2017
Case Number
CA 16/2016
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld; application dismissed with costs.
Judges
Coppin, Sutherland, Savage
Legal Topics
Retrenchment, Selection Criteria, Procedural Fairness, Substantive Fairness, Section 189 Consultation, Performance Rating
Labour Law Civil Procedure Retrenchment Selection Criteria Procedural Fairness Substantive Fairness Section 189 Consultation Performance Rating

Case Brief

Summary, issues, holding and outcome

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Parties

South African Breweries (Pty) Ltd

Appellant

Louw, Rudolph Stephanus

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the Labour Court erred by making findings on factual issues not properly pleaded or included in the pre-trial minute.
  2. 2 Whether the retrenchment of the respondent was substantively and procedurally unfair under section 189 of the Labour Relations Act.
  3. 3 Whether the use of performance ratings in the selection process constituted unfair selection criteria for dismissal.

Ratio Decidendi

The Labour Appeal Court held that the Labour Court erred by making findings on issues not properly pleaded or refined in the pre-trial minute. The only issues properly before the court related to the George area manager post, not the Aliwal North post. The respondent failed to apply for the Aliwal North post despite being invited, and the employer was not obliged to appoint him without competition. The use of performance ratings in the competitive appointment process for the new post did not constitute unfair selection criteria for dismissal under section 189(2)(b) of the Labour Relations Act, as the redundancy affected a single post and the competitive process was a legitimate method to...

Court Disposition

Appeal upheld; application dismissed with costs.

Orders

  • The appeal is upheld.
  • The order of the Labour Court is set aside and substituted with: 'The application is dismissed with costs.'