Steenkamp and Others v Edcon Limited (CCT29/18) [2019] ZACC 17; 2019 (7) BCLR 826 (CC); (2019) 40 ILJ 1731 (CC); [2019] 11 BLLR 1189 (CC) (30 April 2019)

Steenkamp and Others v Edcon Limited (CCT29/18) [2019] ZACC 17; 2019 (7) BCLR 826 (CC); (2019) 40 ILJ 1731 (CC); [2019] 11 BLLR 1189 (CC) (30 April 2019)

The Constitutional Court held that the Labour Appeal Court was correct to overturn the Labour Court's grant of condonation for the late referral of the section 189A(13) application. The applicants' delay, ranging from 10 months to two and a half years, was excessive and not justified by their reliance on a failed legal strategy. The section 189A(13) procedure is designed for urgent, expedited intervention during or immediately after the retrenchment consultation process, and condonation for late applications should only be granted in exceptional circumstances. The Court further held that compensation under section 189A(13)(d) is not a self-standing remedy; it is only available if remedies...

Citation
[2019] ZACC 17
Parties
Applicant: Karin Steenkamp; Applicant: Further 1817 Applicants; Respondent: Edcon Limited
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
30 April 2019
Case Number
CCT 29/18
Procedural Posture
Leave to Appeal / Appeal From Labour Appeal Court
Outcome
Leave to appeal granted; appeal dismissed; no order as to costs.
Judges
Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron
Legal Topics
Retrenchment Procedure, Condonation, Section 189a Lra, Compensation for Procedural Unfairness, Access to Courts, Fair Labour Practices
Labour Law Civil Procedure Constitutional Law Retrenchment Procedure Condonation Section 189a Lra Compensation for Procedural Unfairness Access to Courts +1 more

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Parties

Karin Steenkamp

Applicant

Further 1817 Applicants

Applicant

Edcon Limited

Respondent

Procedural Posture

Leave to Appeal / Appeal From Labour Appeal Court

Legal Issues

  1. 1 Whether the Labour Appeal Court correctly overturned the Labour Court's grant of condonation for the late referral of a section 189A(13) application.
  2. 2 Whether compensation for procedural unfairness under section 189A(13)(d) of the LRA is a self-standing remedy in large-scale retrenchments.

Ratio Decidendi

The Constitutional Court held that the Labour Appeal Court was correct to overturn the Labour Court's grant of condonation for the late referral of the section 189A(13) application. The applicants' delay, ranging from 10 months to two and a half years, was excessive and not justified by their reliance on a failed legal strategy. The section 189A(13) procedure is designed for urgent, expedited intervention during or immediately after the retrenchment consultation process, and condonation for late applications should only be granted in exceptional circumstances. The Court further held that compensation under section 189A(13)(d) is not a self-standing remedy; it is only available if remedies...

Court Disposition

Leave to appeal granted; appeal dismissed; no order as to costs.

Orders

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