South Africa Case Law

Nagapan v Yum Restaurants International (Pty) Ltd ta KFC (JS227/21)

Nagapan v Yum Restaurants International (Pty) Ltd ta KFC (JS227/21) [2025] ZALCJHB 292 (25 March 2025)

Court

Labour Court Johannesburg

Case number

JS227/21

Judge

M T M Phehane

The Court found that the respondent failed to provide sufficient notice and information to the applicant and other affected employees to enable meaningful consultation as required by section 189 of the Labour Relations Act and the Code of Good Practice. The first consultation meeting was held on the same day as the section 189(3) notice, amounting to an ambush and denying employees the opportunity to prepare. Subsequent meetings were brief and did not allow for proper engagement with the proposed structure or selection criteria. The respondent did not provide reasons for rejecting detailed co…

Source excerpt

• Retrenchment Procedure
• Selection Criteria
• Meaningful Consultation
• Compensation For Unfair Dismissal
• Preferential Rehiring
• Section 189 Lra

Goringhaicona Khoi Khoin and Others v Jenkins and Others (12339/2022)

Goringhaicona Khoi Khoin and Others v Jenkins and Others (12339/2022) [2023] ZAWCHC 154 (19 June 2023)

Court

Western Cape High Court, Cape Town

Case number

12339/2022

Judges

Baartman, Slingers, Lekhuleni

The High Court dismissed leave to appeal against refusal of condonation and postponement, finding Mr Jenkins had delayed without adequate explanation.

• Condonation For Late Filing
• Postponement Of Proceedings
• Interim Interdict
• Fraud In Litigation
• Meaningful Consultation
• Tribal Governance Dispute

Solidarity obo Members v Barloworld Equipment Southern Africa and Others (CCT 102/21)

Solidarity obo Members v Barloworld Equipment Southern Africa and Others (CCT 102/21) [2022] ZACC 15; (2022) 43 ILJ 1757 (CC); [2022] 9 BLLR 779 (CC); 2023 (1) BCLR 51 (CC) (6 May 2022)

Court

Constitutional Court

Case number

CCT 102/21

Judges

Madlanga, Madondo, Mhlantla, Majiedt, Pillay, Rogers, Theron, Tlaletsi, Tshiqi

The Constitutional Court dismissed Solidarity’s merits appeal in a retrenchment dispute, but set aside a costs order after finding the consultation process was meaningfully conducted.

• Retrenchment Procedure
• Meaningful Consultation
• Selection Criteria
• Employment Equity
• Costs Award
• Labour Relations Act Interpretation

Weber v Ordertalk SA (Pty) Ltd (C945/2009)

Weber v Ordertalk SA (Pty) Ltd (C945/2009) [2011] ZALCCT 24 (1 September 2011)

Court

Labour Court Cape Town

Case number

C945/2009

Judge

Gush

The Labour Court held that Weber’s retrenchment was substantively and procedurally unfair because the decision was predetermined and consultation was not genuine.

• Unfair Dismissal
• Retrenchment Procedure
• Compensation For Unfair Dismissal
• Operational Requirements
• Meaningful Consultation
• Unfair-dismissal