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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.
Edcon v Steenkamp and Others (JS648/13, JS51/14, JS350/14) [2015] ZALAC 2; 2015 (4) SA 247 (LAC); [2015] 6 BLLR 549 (LAC); (2015) 36 ILJ 1469 (LAC) (3 March 2015)
The court held that non-compliance with the procedural requirements of section 189A(8) of the LRA does not render dismissals invalid or of no force and effect. The De Beers principle, which held that procedural lapses result in invalid dismissals, was found to be an erroneous interpretation. The LRA provides specific remedies for procedural flaws, such as urgent applications and immediate industrial action, and does not contemplate invalidity as a sanction. The statutory scheme is designed to separate procedural and substantive fairness, with remedies for procedural unfairness available throu…
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