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Engelbrecht v Bachique 705 (Pty) Ltd t/a The New House of Busby (J 606/20) [2020] ZALCJHB 252 (3 August 2020)
Urgent retrenchment procedure case under section 189A(13) of the LRA. The court found the reinstatement offer was not bona fide and awarded compensation.
Engelbrecht v Bachique 705 (Pty) Ltd t/a The New House of Busby (J 606/20) [2020] ZALCJHB 125; (2020) 41 ILJ 2641 (LC) (31 July 2020)
The court found that the respondent failed to follow a fair procedure in retrenching the applicant, as required by section 189A of the LRA. The respondent's offer of reinstatement was not bona fide, lacking specificity regarding the applicant's future role after the closure of the Germiston Distribution Centre and the relocation of operations to George. The applicant's rejection of the reinstatement offer was reasonable under the circumstances. As the primary remedies under section 189A(13)(a)-(c) were inappropriate, the court held that compensation under section 189A(13)(d) was justified. Th…
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Steenkamp and Others v Edcon Limited (CCT29/18) [2019] ZACC 17; 2019 (7) BCLR 826 (CC); (2019) 40 ILJ 1731 (CC); [2019] 11 BLLR 1189 (CC) (30 April 2019)
The Constitutional Court held that the Labour Appeal Court was correct to overturn the Labour Court's grant of condonation for the late referral of the section 189A(13) application. The applicants' delay, ranging from 10 months to two and a half years, was excessive and not justified by their reliance on a failed legal strategy. The section 189A(13) procedure is designed for urgent, expedited intervention during or immediately after the retrenchment consultation process, and condonation for late applications should only be granted in exceptional circumstances. The Court further held that comp…
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AMCU obo Sibiya and Others v Shanduka Coal (Pty) Ltd, Graspan Colliery (JS649/13) [2017] ZALCJHB 249 (4 July 2017)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects that the Labour Appeal Court would reach a different result.
Minister of Finance v Bredenkamp and Others (J768/15) [2016] ZALCJHB 431 (11 November 2016)
Labour Court review granted: the dismissal was substantively fair but procedurally unfair, and compensation of six months’ salary was awarded.
Engelbrecht v Fraser Alexander (Pty) Ltd (JS518/2014) [2016] ZALCJHB 47 (10 February 2016)
The Labour Court held that the retrenchment was substantively and procedurally fair, but awarded three months’ compensation for procedural unfairness in one appointment process.
Ocean Basket Airport v Bargaining Council for Restaurant Catering and Allied Trades and Others (JR1516/2009) [2012] ZALCJHB 131; (2013) 34 ILJ 1569 (LC) (2 November 2012)
The court found that the arbitrator's award was reasonable and not reviewable. The offer of reinstatement made by the applicant was not unconditional or genuine, as its sole purpose was to cure procedural defects and would have resulted in the employee being dismissed again, thus not preventing financial loss. The circumstances differed from precedent cases where unconditional offers of reinstatement were refused without valid reason. The arbitrator's finding that the dismissal was procedurally unfair but substantively fair, and the award of compensation, fell within the range of reasonable d…
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Viljoen v Nketoana Local Municipality (J883/01) [2002] ZALC 99; (2003) 24 ILJ 437 (LC) (27 November 2002)
The Labour Court found that compensation awarded for procedurally unfair dismissal under section 194(1) of the LRA is a personal claim of the employee, even if insolvent, as it constitutes a solatium for unfair treatment and not patrimonial damages. The court held that the Labour Court has jurisdiction to make the CCMA award an order of court under section 158(1)(c) of the LRA, and that the amendments to section 143 of the LRA do not apply retrospectively nor render the award self-executing in this case. Regarding set-off, the court determined that the respondent failed to prove that both deb…
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Crouch v Kurland Brik (Pty) Ltd (P256/00) [2000] ZALC 126 (3 November 2000)
The Labour Court found Mr Crouch’s dismissal procedurally unfair and awarded full compensation plus severance pay after rejecting the employer’s alternative-work defence.
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