South Africa Case Law

Scallan v Cadbury (Pty) Ltd (1232/05)

Scallan v Cadbury (Pty) Ltd (1232/05) [2007] ZAECHC 59; (2008) 29 ILJ 600 (SE) (28 August 2007)

Court

High Courts - Eastern Cape

Case number

1232/05

Judge

J C H Jansen

The court found that the plaintiff was an affected employee as defined in the addendum to the retrenchment guidelines, as his position was eliminated due to the restructuring. The evidence showed that the plaintiff acted on the basis of the retrenchment notice and that Cadbury accepted his status as an affected employee. The court held that the retrenchment process resulted in a consensual termination of the employment relationship upon agreed terms, entitling the plaintiff to the severance package. However, the plaintiff was not entitled to the pro rata AIP bonus, as his employment terminate…

Source excerpt

• Severance Benefits
• Retrenchment
• Consensual Termination
• Redundancy Package
• Contractual Entitlement

Chiloane and Others v Rema Tip Top Industrial (Pty) Ltd (J5981/01)

Chiloane and Others v Rema Tip Top Industrial (Pty) Ltd (J5981/01) [2002] ZALC 71; [2002] 11 BLLR 1066 (LC) (27 August 2002)

Court

Labour Court

Case number

J5981/01

Judge

D B Ntsebeza

The Labour Court held that the applicants voluntarily signed full-and-final settlement agreements and accepted retrenchment packages, so there was no dismissal.

• Unfair Retrenchment
• Voluntary Termination
• Full And Final Settlement
• Section 186 Lra
• Consensual Termination
• Labour-law