Lekalake v Eoh Mthombo (Pty) Ltd (JS895/19)
Lekalake v Eoh Mthombo (Pty) Ltd (JS895/19) [2025] ZALCJHB 62 (21 February 2025)
The court found that the respondent's stated reasons for the applicant's dismissal were not genuine operational requirements as required by section 189 of the Labour Relations Act. The evidence showed that the real reason for retrenchment was the closure of the Public Sector Division due to serious corruption allegations against senior executives, which led to the loss of government contracts. The respondent failed to prove any poor performance or inability of the applicant to perform his duties, nor did it demonstrate that alternative positions were unavailable due to legitimate operational…
Source excerpt
- Dismissal For Operational Requirements
- Substantive Fairness
- Retrospective Reinstatement
- Section 189 Consultation
- Costs Award
- Corruption Allegations