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South Africa decisions
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Bothma v SG Coal (Pty) Ltd (JS 662/21) [2024] ZALCJHB 354 (5 September 2024)
The Labour Court held that Bothma’s retrenchment for operational requirements was substantively fair and dismissed the dispute with no costs order.
Umicore Catalyst South Africa (Pty) Ltd v National Union of Metalworkers of South Africa and Others (PA3/23) [2024] ZALAC 37; [2024] 11 BLLR 1138 (LAC); (2024) 45 ILJ 2545 (LAC) (29 August 2024)
The court found that Umicore failed to prove that the behavioural assessment used in the selection process for retrenchment was fair and objective. The assessment focused on inherently subjective criteria such as personality traits, initiative, and enthusiasm, which were not agreed upon and bore little correlation to the operational objectives. The formulation of the questions was problematic, often double-barrelled and requiring subjective responses, and no on-the-job evaluation was performed to objectively assess independent work capability. The panel relied on personal impressions rather t…
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National Union of Food Beverage Wine Spirits andAllied Workers v Coca Cola Beverages South Africa (Pty) Ltd (JA 130/22) [2024] ZALAC 26; (2024) 45 ILJ 1813 (LAC); [2024] 9 BLLR 948 (LAC) (27 May 2024)
The Labour Appeal Court held that the retrenchments did not breach merger conditions in a manner that rendered them substantively unfair under the Labour Relations Act. The Constitutional Court's judgment on the merger conditions was neutral regarding the fairness of the retrenchments. The dismissals were not automatically unfair under section 187(1)(c) of the LRA, as the evidence showed that the reason for dismissal was operational requirements, not a refusal to accept a demand. Offers of alternative employment were made to avoid retrenchment, not as demands. The commercial rationale for ret…
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Fischer Tube Technik SA v Bayene and Another (JA100/23) [2024] ZALAC 25; (2024) 45 ILJ 1804 (LAC); [2024] 9 BLLR 917 (LAC) (21 May 2024)
The Labour Appeal Court held that the Labour Court misapplied the principles relating to bumping. The appellant had agreed to vertical bumping as proposed by NUMSA, and the employees refused the alternative positions solely because they did not wish to accept a lower salary. The Labour Court erred in finding that the dismissal was unfair due to the appellant's failure to apply horizontal bumping, as there was no evidence that horizontal bumping was viable or agreed upon. The appellant's conduct was not unfair, and the dismissals were both substantively and procedurally fair. The compensation…
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Sactwu obo Members v Fyvie G N.O and Others (D258/2020) [2024] ZALCD 9 (5 March 2024)
The Labour Court held that retrenching only vegetable farm workers was fair. LIFO and bumping were not required because macadamia farming needed distinct skills.
Wolmarans v Rio-Carb (Pty) Ltd (JS 212/21) [2023] ZALCJHB 278 (17 October 2023)
The Labour Court held that Rio-Carb fairly retrenched the applicant during the Covid-19 downturn, following consultation and fair LIFO selection.
Bayane and Another v Fischer Tube Technik SA (JS 415/17) [2023] ZALCJHB 12 (3 February 2023)
The Labour Court held that the retrenchment was procedurally fair but substantively unfair because the employer failed to justify rejecting horizontal bumping.
Koprindjiyska v 80 Westcliff (PTY) LTD T/A Four Seasons Hotel (JS 994/20) [2022] ZALCJHB 325 (22 November 2022)
The Labour Court held that the hotel’s retrenchment of a housekeeping supervisor during Covid-19 was substantively fair and dismissed the referral.
SACU obo Danster v Bidvest Facilities Management (Pty) Ltd (JS 1069/2020) [2022] ZALCJHB 251 (9 September 2022)
The Labour Court held that the retrenchment was procedurally unfair because the employee was not given a fair chance to challenge the skills-based selection assessment.
General Industries Workers Union of South Africa (GIWUSA) and Others v African Explosives Limited (JS440/14) [2021] ZALCJHB 445 (7 November 2021)
The Labour Court held that a retrenchment selection method using LIFO with skills retention was fair and objective, except for three applicants who received compensation.
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