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South Africa Case Law

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Labour Law [2024] ZALCJHB 527

Shushu and Others v Distell Ltd (Springs) (JS81/21)

Shushu and Others v Distell Ltd (Springs) (JS81/21) [2024] ZALCJHB 527; (2025) 46 ILJ 1000 (LC) (10 December 2024)

Court
Labour Court Johannesburg
Case number
JS81/21
Judge
Myburgh, AJ

The court found that the company failed to establish a fair operational requirement for the applicants' dismissal. The company had already achieved its cost-saving objective through the voluntary agreement of nearly all employees, and the additional saving from dismissing the applicants was negligible. The stated rationale of ensuring consistency and avoiding labour disputes did not constitute a valid operational requirement. Even if cost-saving was accepted as the rationale, the company did not demonstrate the material impact of the additional saving. The dismissals were found to be dispropo…

Source excerpt

  • Retrenchment
  • Operational Requirements
  • Substantive Fairness
  • Proportionality Analysis
  • Covid 19 Employment Measures
  • Unfair Dismissal
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Labour Law [2022] ZALCCT 61

Westcor SA (Pty) Ltd v Mey and Others (C189/2021)

Westcor SA (Pty) Ltd v Mey and Others (C189/2021) [2022] ZALCCT 61; (2023) 44 ILJ 397 (LC) (22 November 2022)

Court
Labour Court Cape Town
Case number
C189/2021
Judge
Harvey AJ

The court found that the employee's resignation was a direct result of the employer's unilateral and indefinite 25% salary reduction, which rendered continued employment intolerable given her financial hardship and lack of reasonable alternatives. The employer's conduct was not justified by consultation or disclosure of financial information, and its refusal to consider alternatives or provide a timeline for restoring full salary exacerbated the intolerability. The arbitrator's award of six months' compensation for unfair dismissal was reasonable and supported by the evidence. The review appl…

Source excerpt

  • Constructive Dismissal
  • Unilateral Salary Reduction
  • Covid 19 Employment Measures
  • Intolerability Test
  • Compensation For Unfair Dismissal
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.