Van Der Velde v Business & Design Software (Pty) Ltd and Another (JS371/03) [2006] ZALC 49; [2006] 10 BLLR 1004 (LC); (2006) 27 ILJ 1738 (LC) (31 March 2006)

Van Der Velde v Business & Design Software (Pty) Ltd and Another (JS371/03) [2006] ZALC 49; [2006] 10 BLLR 1004 (LC); (2006) 27 ILJ 1738 (LC) (31 March 2006)

The court found that the applicant's dismissal was causally linked to the transfer of the business from BDS to NGN. The evidence showed that the applicant was dismissed less than a week before the transfer was completed, in circumstances where the new employer was preparing to assume control. The respondents failed to establish that the dismissal was for operational requirements unrelated to the transfer. The timing, contractual arrangements, and the applicant's inclusion in the transfer schedule indicated that the dismissal was effected to avoid obligations under section 197. The court held that the dismissal was automatically unfair under section 187(1)(g) of the LRA. The applicant was...

Citation
[2006] ZALC 49
Parties
Applicant: Eric Van Der Velde; Respondent: Business & Design Software (Pty) Limited; Respondent: National Golf Network (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
31 March 2006
Case Number
JS371/03
Procedural Posture
Labour Unfair Dismissal / Trial Judgment
Outcome
Applicant's dismissal was automatically unfair under section 187(1)(g) of the LRA. Compensation awarded.
Judges
A Van Niekerk
Legal Topics
Automatically Unfair Dismissal, Business Transfer, Section 197 Lra, Operational Requirements, Compensation Award
Labour Law Automatically Unfair Dismissal Business Transfer Section 197 Lra Operational Requirements Compensation Award

Case Brief

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Parties

Eric Van Der Velde

Applicant

Business & Design Software (Pty) Limited

Respondent

National Golf Network (Pty) Ltd

Respondent

Procedural Posture

Labour Unfair Dismissal / Trial Judgment

Legal Issues

  1. 1 Whether the applicant's dismissal was automatically unfair under section 187(1)(g) of the LRA due to the transfer of the business.
  2. 2 Whether the applicant was dismissed for operational requirements and, if so, whether the dismissal was procedurally and substantively fair.
  3. 3 Whether the applicant is entitled to a severance package under section 41 of the Basic Conditions of Employment Act.

Ratio Decidendi

The court found that the applicant's dismissal was causally linked to the transfer of the business from BDS to NGN. The evidence showed that the applicant was dismissed less than a week before the transfer was completed, in circumstances where the new employer was preparing to assume control. The respondents failed to establish that the dismissal was for operational requirements unrelated to the transfer. The timing, contractual arrangements, and the applicant's inclusion in the transfer schedule indicated that the dismissal was effected to avoid obligations under section 197. The court held that the dismissal was automatically unfair under section 187(1)(g) of the LRA. The applicant was...

Court Disposition

Applicant's dismissal was automatically unfair under section 187(1)(g) of the LRA. Compensation awarded.

Orders

  • The applicant's dismissal was automatically unfair.
  • The second respondent is ordered to pay the applicant the equivalent of 12 months' remuneration.