South Africa Case Law

De Weijer v Babcock Africa Services (Pty) Ltd (JS195/21)

De Weijer v Babcock Africa Services (Pty) Ltd (JS195/21) [2025] ZALCJHB 193 (19 May 2025)

Court

Labour Court Johannesburg

Case number

JS195/21

Judge

Prinsloo

The Court found that the Defendant had a genuine operational rationale for retrenchment, precipitated by the COVID-19 pandemic and its severe impact on business operations. The Plaintiff's position was properly identified as redundant, and the functions previously performed by him were absorbed by other employees. No suitable alternative positions were available at the time, and bumping was not feasible as the Plaintiff lacked the necessary skills and experience for the positions identified. The consultation process was found to be procedurally fair, with the Defendant engaging in multiple me…

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• Retrenchment
• Procedural Fairness
• Severance Pay
• Bumping
• Operational Requirements
• Notice Pay

Duverge v Spanish Farm Guest Lodge CC ta Sky Villa Boutique Hotel (C04/24; C252/2024)

Duverge v Spanish Farm Guest Lodge CC ta Sky Villa Boutique Hotel (C04/24; C252/2024) [2025] ZALCCT 24 (11 April 2025)

Court

Labour Court Cape Town

Case number

C04/2024 / C252/2024

Judge

Daniels

The Labour Court found Duverge’s retrenchment by Sky Villa was procedurally and substantively unfair and awarded eight months’ compensation plus unpaid statutory monies.

• Unfair Dismissal
• Retrenchment
• Selection Criteria
• Bumping
• Severance Pay
• Procedural Fairness

Fischer Tube Technik SA v Bayene and Another (JA100/23)

Fischer Tube Technik SA v Bayene and Another (JA100/23) [2024] ZALAC 25; (2024) 45 ILJ 1804 (LAC); [2024] 9 BLLR 917 (LAC) (21 May 2024)

Court

Labour Appeal Court

Case number

JA100/23

Judges

Savage, Musi, Van Niekerk

The Labour Appeal Court held that the Labour Court misapplied the principles relating to bumping. The appellant had agreed to vertical bumping as proposed by NUMSA, and the employees refused the alternative positions solely because they did not wish to accept a lower salary. The Labour Court erred in finding that the dismissal was unfair due to the appellant's failure to apply horizontal bumping, as there was no evidence that horizontal bumping was viable or agreed upon. The appellant's conduct was not unfair, and the dismissals were both substantively and procedurally fair. The compensation…

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• Retrenchment
• Last In First Out
• Bumping
• Substantive Fairness
• Consultation Process

Nacbawu obo Manana and Others v Roadlab (Pty) Ltd (JS394/18)

Nacbawu obo Manana and Others v Roadlab (Pty) Ltd (JS394/18) [2024] ZALCJHB 133 (11 March 2024)

Court

Labour Court Johannesburg

Case number

JS394/18

Judge

Tlhotlhalemaje

The Labour Court found the retrenchment process largely fair, but held that ten employees were unfairly selected for dismissal and awarded each three months' compensation.

• Retrenchment
• Operational Requirements
• Selection Criteria
• Procedural Fairness
• Compensation
• Consultation Process

Sactwu obo Members v Fyvie G N.O and Others (D258/2020)

Sactwu obo Members v Fyvie G N.O and Others (D258/2020) [2024] ZALCD 9 (5 March 2024)

Court

Labour Court Durban

Case number

D258/2020

Judge

Norton

The Labour Court held that retrenching only vegetable farm workers was fair. LIFO and bumping were not required because macadamia farming needed distinct skills.

• Unfair Dismissal
• Retrenchment
• Selection Criteria
• Last In First Out
• Bumping
• Operational Requirements

Swanepoel v Road Laboratories (Pty) Ltd (C54/2020)

Swanepoel v Road Laboratories (Pty) Ltd (C54/2020) [2023] ZALCCT 32 (14 June 2023)

Court

Labour Court Cape Town

Case number

C54/2020

Judge

Lagrange

The Labour Court found Swanepoel’s retrenchment procedurally unfair but substantively fair, awarding six months’ remuneration for defective consultation.

• Unfair Dismissal
• Retrenchment
• Procedural Fairness
• Substantive Fairness
• Consultation Process
• Selection Criteria

Bayane and Another v Fischer Tube Technik SA (JS 415/17)

Bayane and Another v Fischer Tube Technik SA (JS 415/17) [2023] ZALCJHB 12 (3 February 2023)

Court

Labour Court Johannesburg

Case number

JS 415/17

Judge

Ntsoane

The Labour Court held that the retrenchment was procedurally fair but substantively unfair because the employer failed to justify rejecting horizontal bumping.

• Retrenchment
• Operational Requirements
• Procedural Fairness
• Substantive Fairness
• Bumping
• Last In First Out

MTWU Obo Mbuyeleni JS & Gumede WM v G4s Cash Solutions (Pty) Ltd (D543/13)

MTWU Obo Mbuyeleni JS & Gumede WM v G4s Cash Solutions (Pty) Ltd (D543/13) [2022] ZALCD 53 (8 February 2022)

Court

Labour Court Durban

Case number

D543/13

Judge

Mgaga

The Labour Court found the retrenchment substantively fair but procedurally unfair because consultation ended before the bumping issue was resolved.

• Unfair Dismissal
• Retrenchment
• Procedural Fairness
• Operational Requirements
• Selection Criteria
• Compensation

National Union of Mineworkers and Others v WBHO Construction (Pty) Ltd (J1687/15, JS620/15)

National Union of Mineworkers and Others v WBHO Construction (Pty) Ltd (J1687/15, JS620/15) [2017] ZALCJHB 512 (13 December 2017)

Court

Labour Court Johannesburg

Case number

J1687/15, JS620/15

Judge

S Snyman

The court found that the respondent's decision to retrench employees in Civils and Plumbing was based on a genuine and fair operational rationale, with no evidence of sham or ulterior motive. The divisions operated as distinct businesses with separate management, financials, and client bases, justifying the exclusion of bumping across divisions. Selection criteria were applied fairly and objectively using LIFO within occupational categories, and no material deviation or abuse was established. The retention of TES employees in Building North was justified by specific contract requirements and…

Source excerpt

• Retrenchment
• Operational Requirements
• Selection Criteria
• Bumping
• Procedural Fairness
• Unfair Dismissal

Motor Industry Staff Association and Another v Autozone Grahamstown (JS1/2015)

Motor Industry Staff Association and Another v Autozone Grahamstown (JS1/2015) [2016] ZALCJHB 204 (3 June 2016)

Court

Labour Court Johannesburg

Case number

JS1/2015

Judge

Coetzee

The Labour Court held that a retrenchment was substantively fair but procedurally unfair because material information about pending SAPS tender litigation was not disclosed.

• Retrenchment
• Procedural Fairness
• Operational Requirements
• Consultation Obligations
• Selection Criteria
• Compensation For Unfair Dismissal