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South Africa decisions
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Groom v Daimler Fleet Management SA (Pty) Ltd (JS166/16) [2024] ZALCJHB 296 (10 July 2024)
The Labour Court held that Mr Groom’s retrenchment was substantively unfair and ordered 12 months’ remuneration, severance per the s189 notice, and costs.
National Union of Food Beverage Wine Spirits andAllied Workers v Coca Cola Beverages South Africa (Pty) Ltd (JA 130/22) [2024] ZALAC 26; (2024) 45 ILJ 1813 (LAC); [2024] 9 BLLR 948 (LAC) (27 May 2024)
The Labour Appeal Court held that the retrenchments did not breach merger conditions in a manner that rendered them substantively unfair under the Labour Relations Act. The Constitutional Court's judgment on the merger conditions was neutral regarding the fairness of the retrenchments. The dismissals were not automatically unfair under section 187(1)(c) of the LRA, as the evidence showed that the reason for dismissal was operational requirements, not a refusal to accept a demand. Offers of alternative employment were made to avoid retrenchment, not as demands. The commercial rationale for ret…
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Servest Landscaping Turf Maintenance (PTY) Ltd v SACCAWU obo Thisani and 20 Others (C 464/2019) [2022] ZALCCT 54; (2023) 44 ILJ 380 (LC) (24 October 2022)
The Labour Court set aside a review award and held that Servest’s efforts to arrange Bidvest employment triggered section 41(4), so severance pay was not due.
Mkhwanazi and Another v Unitrans Supply Chain Solutions (PTY) Ltd (27 July 2022) (JS 1087/12) [2022] ZALCJHB 201 (27 July 2022)
The court found that the respondent offered the applicants reasonable alternative employment in Johannesburg, including a relocation allowance, temporary accommodation, and the prospect of future salary increases. The reduction in hourly rates was justified by the terms of the new contract and parity among employees. The applicants' refusal to accept the alternative employment was based solely on the reduced rates, which amounted to a loss of approximately R300 per month. The court held that this refusal was unreasonable, especially given the respondent's efforts to avoid retrenchment and the…
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Kalolo v Grinnell Security Services (C690/2019) [2022] ZALCCT 6 (28 January 2022)
The Labour Court found a retrenchment procedurally unfair after the employee declined alternative work on less favourable terms and was denied severance pay.
Lepota v Lonmin Platinum Mine (JS920/16) [2019] ZALCJHB 341 (3 December 2019)
Labour Court upheld Lonmin’s retrenchment of a mine employee, finding repeated consultation, alternative offers, and no proof of unfair dismissal.
De Almeida v Reeflords Property Development (Pty) Ltd (JS69/17) [2019] ZALCJHB 284; (2020) 41 ILJ 637 (LC) (15 October 2019)
The Labour Court found De Almeida’s pregnancy claim failed, but held her retrenchment substantively and procedurally unfair because the employer mishandled an alternative post.
Viljoen v Johannesburg Stock Exchange Ltd (JS398/15) [2016] ZALCJHB 361; (2017) 38 ILJ 671 (LC) (23 September 2016)
The Labour Court held that the applicant’s retrenchment was substantively and procedurally fair after a restructuring made her former role redundant.
Ntshabele v Blue Turtle Technologies (Pty) Ltd (JS1020/2013) [2014] ZALCJHB 391 (13 October 2014)
The Labour Court dismissed an employee’s retrenchment challenge, finding substantial compliance with section 189 and a lawful operational-requirements dismissal.
Maseko v National Union of Mineworkers (JS22/2012) [2014] ZALCJHB 231 (8 July 2014)
The Labour Court held that Alfred Maseko’s retrenchment by the National Union of Mineworkers was substantively and procedurally fair, with no costs order.
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