Langa and Another v Smollan Sales and Marketing (Pty) Ltd (J 50/21)
Langa and Another v Smollan Sales and Marketing (Pty) Ltd (J 50/21) [2025] ZALCJHB 86 (3 March 2025)
The court found that the respondent demonstrated a genuine operational need for restructuring, driven by increased weekend sales requirements and economic pressures resulting from the COVID-19 pandemic. The applicants did not dispute the necessity of weekend coverage or the restructuring itself, but objected to the reduction in salary. The evidence and common cause facts established that cost reduction was necessary to mitigate financial risk and ensure sustainability. The consultation process was extensive and alternatives were offered. The court concluded that the dismissal for operational…
Source excerpt
- Unfair Dismissal
- Operational Requirements
- Retrenchment
- Section 189a Consultation
- Covid19 Economic Impact