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South Africa decisions
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Kutumela v CSG Resourcing (Pty) Ltd (JS559/24) [2025] ZALCJHB 268 (7 May 2025)
The Labour Court dismissed an unopposed default judgment application, granted condonation for the respondent’s late filing, and ordered a consolidation application to be brought.
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…
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Moschinsky v Commission for Conciliation, Mediation and Arbitration and Others (C706/2021) [2023] ZALCCT 44 (14 July 2023)
The Labour Court refused condonation for a late Rule 7A(8) notice and dismissed a review of a retrenchment award, finding no basis to interfere.
Hlwele and Others v Neopak (PTY) LTD (JS 1031/19) [2022] ZALCJHB 340 (25 November 2022)
The Labour Court held that Neopak’s retrenchment of 129 applicants for operational requirements was substantively fair and dismissed their claim.
Cold Chain (Pty) Ltd v Food and Allied Workers Union (JA134/18) [2020] ZALAC 16; (2020) 41 ILJ 2067 (LAC) (18 May 2020)
The Labour Appeal Court held that procedural non-compliance under section 189A does not make a dismissal invalid. The appeal succeeded and the application was dismissed with costs.
Lemley v Commission for Conciliation Mediation and Arbitration and Others (PA6/2018) [2020] ZALAC 6; (2020) 41 ILJ 1339 (LAC); [2020] 7 BLLR 676 (LAC) (4 March 2020)
The Labour Appeal Court held that an employee who unreasonably refuses suitable alternative employment loses entitlement to severance pay.
Piet Wes Civils CC and Another v Association of Mineworkers and Construction Union (AMCU) and Others (JA37/2017) [2018] ZALAC 18; [2018] 12 BLLR 1164 (LAC); (2019) 40 ILJ 130 (LAC) (10 March 2018)
The Labour Appeal Court held that the employees’ contracts were indefinite, not valid fixed-term contracts, and upheld reinstatement pending fair consultation.
Havemann v Secequip (Pty) Ltd (JA91/2014) [2016] ZALAC 53 (22 November 2016)
The Labour Appeal Court held that Havemann’s dismissal was not automatically unfair, but was substantively unfair because meaningful consultation and reasonable alternatives were not properly considered.
Standard Bank of South Africa Ltd v Letsoalo (J18/2014) [2016] ZALAC 43 (27 July 2016)
The Labour Appeal Court held that the employee unequivocally rejected a reasonable alternative post, so the dismissal for operational requirements was procedurally fair.
SACCAWU and Others v Woolworths (Pty) Ltd (J3159/12, JS1177/12) [2016] ZALCJHB 126 (5 March 2016)
The court found that Woolworths failed to prove that the dismissals were operationally justifiable. The pay equity rationale was not a valid ground for retrenchment, as such issues should be addressed under the EEA through progressive plans, not by dismissing employees. Cost efficiency was not substantiated with evidence of targeted savings or actual costs. Alternatives such as natural attrition and wage freezes were not properly considered. The consultation process was procedurally unfair, as SACCAWU was excluded during the voluntary phase and relevant information was withheld. The dismissal…
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