Steenkamp and Others v Edcon Limited (CCT46/15, CCT47/15) [2016] ZACC 1; (2016) 37 ILJ 564 (CC); 2016 (3) BCLR 311 (CC); [2016] 4 BLLR 335 (CC); 2016 (3) SA 251 (CC) (22 January 2016)

Steenkamp and Others v Edcon Limited (CCT46/15, CCT47/15) [2016] ZACC 1; (2016) 37 ILJ 564 (CC); 2016 (3) BCLR 311 (CC); [2016] 4 BLLR 335 (CC); 2016 (3) SA 251 (CC) (22 January 2016)

The Constitutional Court was divided. The majority (Cameron J) held that non-compliance with the statutory time periods in section 189A(8) of the Labour Relations Act renders dismissals for operational requirements invalid. The majority reasoned that section 189A was enacted to create a dismissal-free zone during which consensus may be sought and alternatives explored, and that the obligation to respect the time periods is foundational to the statutory scheme. Dismissals effected in breach of section 189A(8) are a nullity and have no force or effect, and the contract of employment is not terminated. The majority found that the remedies internal to section 189A do not adequately address...

Citation
[2016] ZACC 1
Parties
Applicant: Karin Steenkamp; Applicant: Mzimkhulu De Booi and 3 Others; Applicant: Victoria Sekhoto and 132 Others; Applicant: Goodness Khumalo and 65 Others; Applicant: National Union of Metalworkers of South Africa; Respondent: Edcon Limited
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
22 January 2016
Case Number
CCT46/15, CCT47/15
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court to Constitutional Court
Outcome
Leave to appeal is granted. The appeal is dismissed. There is no order as to costs.
Judges
Mogoeng, Moseneke, Cameron, Jafta, Khampepe, Madlanga, Matojane, Nkabinde, Van der Westhuizen, Wallis, Zondo
Legal Topics
Retrenchment Procedure, Section 189a Lra, Procedural Fairness, Unfair Dismissal, Remedies for Unlawful Dismissal, Constitutional Right to Fair Labour Practices
Labour Law Civil Procedure Constitutional Law Retrenchment Procedure Section 189a Lra Procedural Fairness Unfair Dismissal Remedies for Unlawful Dismissal +1 more

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Parties

Karin Steenkamp

Applicant

Mzimkhulu De Booi and 3 Others

Applicant

Victoria Sekhoto and 132 Others

Applicant

Goodness Khumalo and 65 Others

Applicant

National Union of Metalworkers of South Africa

Applicant

Edcon Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court to Constitutional Court

Legal Issues

  1. 1 Does non-compliance with the statutory time periods in section 189A of the Labour Relations Act invalidate dismissals for operational requirements?
  2. 2 Are employees entitled to a remedy of invalidity and reinstatement for dismissals effected in breach of section 189A(8)?
  3. 3 Is the remedy for breach of section 189A(8) limited to those provided in the Labour Relations Act, or does common law apply?

Ratio Decidendi

The Constitutional Court was divided. The majority (Cameron J) held that non-compliance with the statutory time periods in section 189A(8) of the Labour Relations Act renders dismissals for operational requirements invalid. The majority reasoned that section 189A was enacted to create a dismissal-free zone during which consensus may be sought and alternatives explored, and that the obligation to respect the time periods is foundational to the statutory scheme. Dismissals effected in breach of section 189A(8) are a nullity and have no force or effect, and the contract of employment is not terminated. The majority found that the remedies internal to section 189A do not adequately address...

Court Disposition

Leave to appeal is granted. The appeal is dismissed. There is no order as to costs.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.