Solidarity obo Members v Sahara African Living (Pty) Ltd (JS829/21)
Solidarity obo Members v Sahara African Living (Pty) Ltd (JS829/21) [2024] ZALCJHB 166 (17 April 2024)
The court found that the respondent breached the employment contracts by unilaterally reducing salaries and implementing lay-offs without consultation or consent, in violation of the non-variation clause and section 34 of the BCEA. The employees did not tacitly consent or acquiesce to the changes, as their conduct did not demonstrate clear acceptance. The retrenchment process was procedurally and substantively unfair due to the respondent's failure to consult with Solidarity and the affected employees, as required by section 189 of the LRA. The company deprived the employees of the opportunit…
Source excerpt
- Unilateral Change To Terms
- Unfair Dismissal
- Consultation Requirements
- Compensation For Breach
- Notice Pay
- Covid19 Employment Measures