Goldfields Logistics (Pty) Ltd v Smith (JA 42/08)
Goldfields Logistics (Pty) Ltd v Smith (JA 42/08) [2010] ZALAC 33 (24 August 2010)
The Labour Appeal Court held that standby duties formed part of the respondent's contract of employment and that the appellant was entitled to require the respondent to perform such duties. The appellant was not obliged to negotiate a standby allowance, as this was not a term of employment and no other diesel mechanic received such an allowance. The appellant engaged in extensive consultations with the respondent and his union, and the process was found to be fair and meaningful. The deadlock over the quantum of the standby allowance did not render the dismissal unfair, as the appellant had d…
Source excerpt
- Dismissal For Operational Requirements
- Procedural Fairness
- Substantive Fairness
- Section 189 Consultation
- Standby Allowance
- Employment Terms