South Africa Case Law

Valakelis v Van der Merwe and Others (JR518/16)

Valakelis v Van der Merwe and Others (JR518/16) [2019] ZALCJHB 60 (27 March 2019)

Court

Labour Court Johannesburg

Case number

JR518/16

Judge

Mahosi

The court found that the arbitrator's decision was reasonable and supported by the evidence. The employer presented a bona fide commercial rationale for restructuring, including financial losses and the resignation of a key staff member, which rendered the applicant's position redundant. The applicant failed to challenge the employer's evidence effectively or to participate meaningfully in the consultation process. The arbitrator correctly applied the test for review, focusing on reasonableness rather than correctness, and considered all relevant evidence. The applicant's perception of a pred…

Source excerpt

• Retrenchment
• Operational Requirements Dismissal
• Arbitration Review
• Fairness Of Dismissal
• Consultation Process
• Section 189 Lra

National Union of Metalworkers of South Africa and Others v DC Steel Construction (JS 44/12, JS 62/12)

National Union of Metalworkers of South Africa and Others v DC Steel Construction (JS 44/12, JS 62/12) [2015] ZALCJHB 342 (6 October 2015)

Court

Labour Court Johannesburg

Case number

JS 44/12, JS 62/12

Judge

Tlhotlhalemaje

Labour Court held that retrenchment selection criteria were fair and objective because the employer could prefer specialised skills over length of service.

• Retrenchment
• Selection Criteria
• Operational Requirements
• Fairness Of Dismissal
• Lifo
• Skills Based Selection

Drs Haagensen & Lurie Inc v Commission for Conciliation, Mediation And Arbitration and Others (JR 2969/10)

Drs Haagensen & Lurie Inc v Commission for Conciliation, Mediation And Arbitration and Others (JR 2969/10) [2015] ZALCJHB 156 (19 May 2015)

Court

Labour Court Johannesburg

Case number

JR 2969/10

Judge

Molahlehi E

The Labour Court condoned the late filing of a leave-to-appeal application but dismissed it, finding no reasonable prospects of success on the merits.

• Condonation Of Late Filing
• Ccma Jurisdiction
• Non Joinder
• Settlement Agreement
• Fairness Of Dismissal
• Leave-to-appeal

WORLD OF WINDOWS (Pty) Ltd v Sumbane (CA20/2012)

WORLD OF WINDOWS (Pty) Ltd v Sumbane (CA20/2012) [2014] ZALAC 116 (31 January 2014)

Court

Labour Appeal Court

Case number

CA20/2012

Judges

Waglay, C J Musi, Dlodlo

The Labour Appeal Court upheld a finding that a retrenchment was prematurely implemented and substantially unfair because alternatives to dismissal were not fully exhausted.

• Retrenchment
• Selection Criteria
• Operational Requirements
• Fairness Of Dismissal
• Alternatives To Dismissal
• Operational-requirements