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South Africa decisions
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Mahlangu v Travel with Flair (Pty) Ltd (Reasons) (JS218/21) [2025] ZALCJHB 270 (29 January 2025)
The Labour Court held that the retrenchment dismissal was procedurally and substantively fair, finding agreed selection criteria were applied and an alternative role was refused.
Lemley v Commission for Conciliation Mediation and Arbitration and Others (PA6/2018) [2020] ZALAC 6; (2020) 41 ILJ 1339 (LAC); [2020] 7 BLLR 676 (LAC) (4 March 2020)
The Labour Appeal Court held that an employee who unreasonably refuses suitable alternative employment loses entitlement to severance pay.
National Association of South African Workers (NASA-Workers) and Another v Uniliver South Africa (Pty) Ltd (J142/20) [2020] ZALCJHB 35; (2020) 41 ILJ 1399 (LC) (14 February 2020)
The court found that the purpose of section 189A(13) is to ensure judicial management of retrenchment processes only where job security is at risk. In this case, the second applicant was not dismissed but was offered and accepted an alternative position, thereby securing his employment. The trade union's insistence on further consultation was deemed an abuse of process, as the statutory obligation to consult ended once consensus was reached to avoid dismissal. The application was considered frivolous and vexatious, especially since the union persisted despite warnings and the absence of suppo…
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Lemley v Commission for Conciliation, Mediation and Arbitration and Others (PR66/13) [2018] ZALCPE 4 (19 January 2018)
The court held that the applicant failed to establish that the arbitration award was unreasonable. The commissioner considered all relevant evidence, including the applicant's refusal of alternative employment due to age and family circumstances, and applied the correct legal principles regarding entitlement to severance pay. The review court's role is not to determine the applicant's entitlement to severance pay but to assess the reasonableness of the arbitration award. The applicant's arguments regarding the timing and reasonableness of the alternative employment offer, and alleged errors i…
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Stander v Services Seta-Education and Training Authority (D214/13) [2015] ZALCD 68 (5 November 2015)
A Labour Court found the dismissal substantively fair but procedurally unfair after a restructuring-related retrenchment and an unreasonably refused alternative post.
Almazest (Pty) Ltd v Alexander and Others (P03/2013) [2015] ZALCPE 33 (14 May 2015)
The Labour Court dismissed a review against a severance-pay award, finding the reduced-salary demotion was an unreasonable alternative employment offer.
G4S Security Solutions (Pty) Ltd v Mahlaule NO and Others (JR894/2011) [2014] ZALCJHB 376 (3 October 2014)
The Labour Court dismissed a review of a CCMA award ordering severance pay, finding the resignation letter was not genuine and the award was reasonable.
Facrie v Paras Carpets t/a Tony Nicolela Carpets (JS319/13) [2014] ZALCJHB 331 (27 August 2014)
Labour Court held that a retrenchment was procedurally unfair for lack of proper section 189 consultation, but substantively fair due to operational needs.
Astrapak Manufacturing Holdings (Pty) Ltd t/a East Rand Plastics v Chemical Energy, Paper, Printing, and Allied Workers Union (JA 40/2012) [2013] ZALAC 19; (2014) 35 ILJ 140 (LAC); [2013] 12 BLLR 1194 (LAC) (22 August 2013)
The Labour Appeal Court held that the majority of the respondent's members were offered alternative employment with either increased or equivalent basic wages, and improved shift arrangements that reduced travel and eliminated unsafe night shifts. The refusal of these offers was unreasonable, particularly as the employees were aware of impending wage increases under the new industrial agreement. The abolition of overtime did not render the offers unreasonable, as overtime is not a right. Therefore, under section 41(4) of the BCEA, those employees who unreasonably refused reasonable alternativ…
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Vergenoeg vir Seniors v Stone and Others (JA 45/08) [2010] ZALAC 35 (4 June 2010)
The Labour Appeal Court held that section 41(4) of the BCEA clearly provides that employees who accept alternative employment arranged by their employer, whether with the same employer or another, are not entitled to severance pay. The Court found that the appellant had negotiated and facilitated alternative employment for the individual employees with Fidelity, and the employees accepted and commenced such employment immediately after termination with the appellant. The Labour Court erred in failing to apply the binding ratio from Irvin & Johnson, which establishes that acceptance of alterna…
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