Telkom SA SOC Limited v van Staden and Others (JA68/2018) [2020] ZALAC 52; (2021) 42 ILJ 869 (LAC) (1 December 2020)

Telkom SA SOC Limited v van Staden and Others (JA68/2018) [2020] ZALAC 52; (2021) 42 ILJ 869 (LAC) (1 December 2020)

The Labour Appeal Court held that the issues for determination were narrowed by the pre-trial agreement to four specific questions, including whether the selection criteria were fair and fairly applied, and whether Telkom justified the non-appointment and retrenchment of the respondents in relation only to the three positions for which each applied. The Court found that Telkom had complied with its obligations under section 189 of the LRA by consulting with unions, providing relevant information, and establishing a fair placement process. The selection criterion for retrenchment—non-placement into alternative positions—was found to be fair and objective given the extensive process...

Citation
[2020] ZALAC 52
Parties
Appellant: Telkom SA SOC Limited; Respondent: Nyllin van Staden; Respondent: Glyn Hawkings; Respondent: Dees Ramsunder; Respondent: Kgodisho Kekana; Respondent: Ed Frentzel; Respondent: Godfrey Marthinussen; Respondent: Kevin Howes; Respondent: John Coltman; Respondent: Gabriel Ramosolo; Respondent: Sydney Sejeng
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
1 December 2020
Case Number
JA68/2018
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld; Labour Court orders set aside; dismissals found procedurally and substantively fair.
Judges
Phatshoane, Murphy, Savage
Legal Topics
Retrenchment, Selection Criteria, Pre Trial Agreement, Operational Requirements Dismissal, Consultation Process, Procedural Fairness
Labour Law Civil Procedure Retrenchment Selection Criteria Pre Trial Agreement Operational Requirements Dismissal Consultation Process Procedural Fairness

Case Brief

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Parties

Telkom SA SOC Limited

Appellant

Nyllin van Staden

Respondent

Glyn Hawkings

Respondent

Dees Ramsunder

Respondent

Kgodisho Kekana

Respondent

Ed Frentzel

Respondent

Godfrey Marthinussen

Respondent

Kevin Howes

Respondent

John Coltman

Respondent

Gabriel Ramosolo

Respondent

Sydney Sejeng

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether a commercial rationale existed which justified the retrenchments.
  2. 2 Whether Telkom was obliged to consult separately with non-unionised respondents or could bind them by agreements reached with organised labour.
  3. 3 Whether the selection criteria for retrenchment were fair and fairly applied.

Ratio Decidendi

The Labour Appeal Court held that the issues for determination were narrowed by the pre-trial agreement to four specific questions, including whether the selection criteria were fair and fairly applied, and whether Telkom justified the non-appointment and retrenchment of the respondents in relation only to the three positions for which each applied. The Court found that Telkom had complied with its obligations under section 189 of the LRA by consulting with unions, providing relevant information, and establishing a fair placement process. The selection criterion for retrenchment—non-placement into alternative positions—was found to be fair and objective given the extensive process...

Court Disposition

Appeal upheld; Labour Court orders set aside; dismissals found procedurally and substantively fair.

Orders

  • The appeal is upheld.
  • The orders of the Labour Court are set aside and replaced with the following order: 'The dismissal of the applicants was procedurally and substantively fair.'