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Labour Law [2023] ZALCJHB 38

Motete and Others v Larskool Oos-Driefontein and Another (JS 428/20)

Motete and Others v Larskool Oos-Driefontein and Another (JS 428/20) [2023] ZALCJHB 38 (7 July 2023)

The court found that the Respondents had a substantively fair reason for dismissing the Applicants, namely severe financial difficulties caused by the Covid-19 pandemic and the resultant inability to pay salaries from school fees. However, the Respondents failed to comply with the procedural requirements of section 189(3) of the Labour Relations Act, as they did not issue the required notice prior to consultation and had already made a final decision before meaningful engagement with the Applicants. The retrenchment process was therefore procedurally unfair. Regarding Ms Motlhoiwa’s claim for…

  • Unfair Dismissal
  • Retrenchment Procedure
  • Compensation For Unfair Dismissal
  • Leave Entitlement
  • Covid19 Operational Requirements
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