South Africa Case Law

HeroTel (Pty) Ltd v Moses and Others (CA05/2024)

HeroTel (Pty) Ltd v Moses and Others (CA05/2024) [2025] ZALAC 42 (10 July 2025)

Court

Labour Appeal Court

Case number

CA05/2024

Judges

Savage, Waglay, Musi

The court found that the rationale for retrenchment advanced by Fusion was misleading and did not reflect the true reason for the dismissals. The evidence showed that Fusion transferred key business units and revenue streams to the appellant, creating a self-induced financial crisis. The failure to disclose audited financial statements and other financial information undermined the consultation process and prevented the affected employees from challenging the rationale or proposing alternatives. The selection criteria were not agreed upon, and no objective evidence supported their fairness. T…

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• Unfair Dismissal
• Retrenchment
• Operational Requirements
• Selection Criteria
• Consultation Process
• Disclosure Of Information

LEWUSA obo Maesela and Others v RGM Cranes (Pty) Ltd (JS863/21)

LEWUSA obo Maesela and Others v RGM Cranes (Pty) Ltd (JS863/21) [2025] ZALCJHB 173 (29 April 2025)

Court

Labour Court Johannesburg

Case number

JS863/21

Judge

Molotsi

The court found that the respondent failed to comply with the substantive and procedural requirements for dismissal based on operational requirements. The consultation process was not meaningful or joint consensus-seeking, as required by section 189 of the Labour Relations Act. The respondent did not adequately consider or discuss alternatives to retrenchment, nor did it provide sufficient disclosure of relevant information to the applicants and their union. The selection criteria used were not fair or objective, being influenced by factors such as salary levels, medical conditions, and alleg…

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• Unfair Dismissal
• Retrenchment
• Selection Criteria
• Consultation Process
• Operational Requirements
• Reinstatement

South African Commercial Catering and Allied Workers Union obo Mavuso and Others v Tsogo Sun Casinos (Proprietary) Limited t/a Emnotweni Casinos Entertainment (Application for Leave to Appeal) (JS25/22)

South African Commercial Catering and Allied Workers Union obo Mavuso and Others v Tsogo Sun Casinos (Proprietary) Limited t/a Emnotweni Casinos Entertainment (Application for Leave to Appeal) (JS25/22) [2024] ZALCJHB 329 (30 August 2024)

Court

Labour Court Johannesburg

Case number

JS25/22

Judge

Morgan

The Labour Court refused leave to appeal against a retrenchment judgment, finding no reasonable prospect of success and no basis to disturb reinstatement with backpay.

• Unfair Dismissal
• Operational Requirements
• Procedural Fairness
• Reinstatement
• Leave To Appeal
• Consultation Process

South African Commercial Catering and Allied Workers Union obo Thage and Others v Connect Financial Services (Pty) Ltd (JA111/2023)

South African Commercial Catering and Allied Workers Union obo Thage and Others v Connect Financial Services (Pty) Ltd (JA111/2023) [2024] ZALAC 36; [2024] 11 BLLR 1130 (LAC); (2024) 45 ILJ 2536 (LAC) (5 August 2024)

Court

Labour Appeal Court

Case number

JA111/2023

Judges

Savage, Musi, Van Niekerk

The Labour Appeal Court held that retrenchments were substantively fair where affected employees were invited to apply for call-centre vacancies but did not do so.

• Retrenchment
• Operational Requirements Dismissal
• Consultation Process
• Res Judicata
• Alternative To Dismissal
• Labour-law

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

Janynarayan and Others v Fugro Survey Africa (Pty) Ltd (C567/2020)

Janynarayan and Others v Fugro Survey Africa (Pty) Ltd (C567/2020) [2023] ZALCCT 61 (10 November 2023)

Court

Labour Court Cape Town

Case number

C567/2020

Judge

Lagrange

The Labour Court found the retrenchment of three engineers during Covid-19 was substantively and procedurally unfair because unpaid leave was not properly explored.

• Retrenchment
• Unfair Dismissal
• Consultation Process
• Alternatives To Retrenchment
• Notice Pay
• Compensation For Unfair Dismissal

South African Municipal Workers Union Obo Madlala and Others v UGU South Coast Tourism (Pty) Ltd (D 530/2020)

South African Municipal Workers Union Obo Madlala and Others v UGU South Coast Tourism (Pty) Ltd (D 530/2020) [2023] ZALCD 11 (14 June 2023)

Court

Labour Court Durban

Case number

D 530/2020

Judge

Prinsloo

The Labour Court held that the retrenchment was not procedurally unfair because SAMWU derailed the section 189 consultation and withdrew from meaningful engagement.

• Unfair Dismissal
• Retrenchment
• Procedural Fairness
• Consultation Process
• Disclosure Of Information
• Section 189 Lra

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

Hlwele and Others v Neopak (PTY) LTD (JS 1031/19)

Hlwele and Others v Neopak (PTY) LTD (JS 1031/19) [2022] ZALCJHB 340 (25 November 2022)

Court

Labour Court Johannesburg

Case number

JS 1031/19

Judge

Sethene

The Labour Court held that Neopak’s retrenchment of 129 applicants for operational requirements was substantively fair and dismissed their claim.

• Dismissal For Operational Requirements
• Section 189a Procedure
• Settlement Agreement
• Consultation Process
• Substantive Fairness
• Retrenchment