South Africa Case Law

National Union of Metalworkers and Another v Jonwin (Pty) Ltd t/a Designamate (C270/2021)

National Union of Metalworkers and Another v Jonwin (Pty) Ltd t/a Designamate (C270/2021) [2024] ZALCJHB 175 (22 April 2024)

Court

Labour Court Johannesburg

Case number

C270/2021

Judge

R G Lagrange

The court found that while the employer had a valid operational rationale for retrenchment, it failed to justify why affected permanent employees could not have been engaged in fixed-term contract positions when the original reason for not doing so fell away before their employment ended. The employer did not provide evidence that offering fixed-term contracts to the applicants was not a reasonable alternative once it became clear that contract work would continue. The refusal to appoint applicants to available grinding department positions was not substantively unfair, as the evidence showed…

Source excerpt

• Retrenchment
• Operational Requirements
• Alternatives To Dismissal
• Fixed Term Contracts
• Selection Criteria
• Compensation For Unfair Dismissal

Miambo v Commissioner for South African Revenue Service (A27/2022)

Miambo v Commissioner for South African Revenue Service (A27/2022) [2023] ZAMPMBHC 72 (29 November 2023)

Court

Mbombela High Court, Mpumalanga

Case number

A27/2022

Judges

Ratshibvumo, Greyling-Coetzer, Roelofse

Appeal against dismissal for failure to furnish security for costs succeeded, with the court ordering proper security and staying the action.

• Security For Costs
• Rule 47
• Dismissal Of Action
• Alternatives To Dismissal
• Security-for-costs
• Rule-47

Pratten v Afrizun KZN (Pty) Ltd (D439/15)

Pratten v Afrizun KZN (Pty) Ltd (D439/15) [2020] ZALCD 9; (2020) 41 ILJ 2899 (LC) (17 April 2020)

Court

Labour Court Durban

Case number

D439/15

Judge

Cele

The Labour Court held that a retrenchment following restructuring was substantively fair, and that psychometric testing used to rank candidates was not an unfair selection method.

• Unfair Dismissal
• Operational Requirements
• Selection Criteria
• Psychometric Testing
• Retrenchment
• Alternatives To Dismissal

Parexel International (Pty) Ltd v Chakane N.O and Others (JA39/2018)

Parexel International (Pty) Ltd v Chakane N.O and Others (JA39/2018) [2019] ZALAC 50; (2019) 40 ILJ 2344 (LAC); [2019] 11 BLLR 1245 (LAC) (27 June 2019)

Court

Labour Appeal Court

Case number

JA39/2018

Judges

Waglay JP, Coppin JA, Savage AJA

The Labour Appeal Court held that an employer was entitled to dismiss an employee for prolonged ill-health incapacity after nine months’ absence without a proper prognosis.

• Dismissal For Ill Health
• Incapacity Enquiry
• Procedural Fairness
• Substantive Fairness
• Arbitration Review
• Alternatives To Dismissal

Sidane and Another v ABV Brands (Pty) Limited (D1167/2017)

Sidane and Another v ABV Brands (Pty) Limited (D1167/2017) [2018] ZALCD 7 (13 July 2018)

Court

Labour Court Durban

Case number

D1167/2017

Judge

F Coetzee

The court found that the respondent failed to justify the dismissals of the applicants as substantively and procedurally fair. The selection criterion of 'redundancy' was not fair or objective, as it merely identified the incumbents of positions declared redundant without considering other criteria such as LIFO or the actual operational requirements. The respondent did not meaningfully consult with the applicants or consider alternatives to retrenchment, such as relocation or alternative positions suited to their skills and experience. The consultation process was flawed, with inadequate expl…

Source excerpt

• Unfair Dismissal
• Selection Criteria
• Retrenchment Procedure
• Section 189 Consultation
• Redundancy
• Alternatives To Dismissal

National Union of Mineworkers and Another v Black Mountain Mining (Pty) Ltd (CA22/2012)

National Union of Mineworkers and Another v Black Mountain Mining (Pty) Ltd (CA22/2012) [2014] ZALAC 78 (10 December 2014)

Court

Labour Appeal Court

Case number

CA22/2012

Judges

Waglay, Dlodlo, Francis

The Labour Appeal Court held that the respondent failed to discharge the onus of proving that the dismissal of the second appellant was substantively fair. The respondent did not properly consider alternatives to dismissal, such as removing contractors or accommodating the second appellant in the maintenance department, which continued to operate after retrenchment. The respondent's use of contractors to perform the same work previously done by the second appellant undermined its justification for retrenchment based on operational requirements. The court rejected the deferential approach adop…

Source excerpt

• Unfair Dismissal
• Retrenchment
• Operational Requirements
• Consultation Process
• Alternatives To Dismissal

WORLD OF WINDOWS (Pty) Ltd v Sumbane (CA20/2012)

WORLD OF WINDOWS (Pty) Ltd v Sumbane (CA20/2012) [2014] ZALAC 116 (31 January 2014)

Court

Labour Appeal Court

Case number

CA20/2012

Judges

Waglay, C J Musi, Dlodlo

The Labour Appeal Court upheld a finding that a retrenchment was prematurely implemented and substantially unfair because alternatives to dismissal were not fully exhausted.

• Retrenchment
• Selection Criteria
• Operational Requirements
• Fairness Of Dismissal
• Alternatives To Dismissal
• Operational-requirements