South Africa Case Law

De Weijer v Babcock Africa Services (Pty) Ltd (JS195/21)

De Weijer v Babcock Africa Services (Pty) Ltd (JS195/21) [2025] ZALCJHB 193 (19 May 2025)

Court

Labour Court Johannesburg

Case number

JS195/21

Judge

Prinsloo

The Court found that the Defendant had a genuine operational rationale for retrenchment, precipitated by the COVID-19 pandemic and its severe impact on business operations. The Plaintiff's position was properly identified as redundant, and the functions previously performed by him were absorbed by other employees. No suitable alternative positions were available at the time, and bumping was not feasible as the Plaintiff lacked the necessary skills and experience for the positions identified. The consultation process was found to be procedurally fair, with the Defendant engaging in multiple me…

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• Retrenchment
• Procedural Fairness
• Severance Pay
• Bumping
• Operational Requirements
• Notice Pay

Empact Group (Pty) Ltd v Malope and Others (JR1063/21)

Empact Group (Pty) Ltd v Malope and Others (JR1063/21) [2025] ZALCJHB 5 (17 January 2025)

Court

Labour Court Johannesburg

Case number

JR1063/21

Judge

C Orr

Labour Court held that BCEA sections 37 and 38 do not create a statutory right to notice pay where supervening impossibility of performance excuses payment.

• Notice Pay
• Supervening Impossibility
• Force Majeure
• Section 37 Bcea
• Section 38 Bcea
• Review Of Arbitration Award

Khanya Cleaning Group (Pty) Ltd v South African Transport & Allied Workers Union and Others (PR32/2023)

Khanya Cleaning Group (Pty) Ltd v South African Transport & Allied Workers Union and Others (PR32/2023) [2024] ZALCPE 39; (2025) 46 ILJ 363 (LC) (2 October 2024)

Court

Labour Court Port Elizabeth

Case number

PR32/2023

Judge

Smith

The court found that the Commissioner committed a material error of law and misconstrued the nature of section 41(4) of the BCEA and relevant case law. The evidence established that the applicant actively assisted the affected employees in securing alternative employment with Supercare, arranging interviews, sharing contact details, and facilitating the process. The Commissioner incorrectly elevated the absence of a formal agreement between the applicant and Supercare to a decisive factor, disregarding the collaborative efforts and urgency shown by the applicant. The onus of proof for entitle…

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• Severance Pay
• Operational Requirements Dismissal
• Onus Of Proof
• Notice Pay
• Review Of Arbitral Award
• Alternative Employment Arrangement

Van Haght v JBS Building CO (Pty) Ltd (C95/2023)

Van Haght v JBS Building CO (Pty) Ltd (C95/2023) [2024] ZALCCT 37; (2024) 45 ILJ 2629 (LC) (6 September 2024)

Court

Labour Court Cape Town

Case number

C95/2023

Judge

Meyerowitz

The court found that the company had been operating at a loss for nearly two years, making the decision to restructure and render certain positions redundant rational and reasonable. The applicant's position as HR manager was unique, and no selection criteria were required. The retrenchment process complied with section 189 of the LRA, and the company offered the applicant an alternative position, which she declined. The applicant's claim of personal animosity was unsupported by evidence and did not constitute the proximate cause of dismissal. The company failed to pay the applicant for the f…

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• Unfair Dismissal
• Retrenchment
• Operational Requirements
• Notice Pay
• Procedural Fairness
• Selection Criteria

Solidarity obo Members v Sahara African Living (Pty) Ltd - Application For Leave to Appeal (JS829/21)

Solidarity obo Members v Sahara African Living (Pty) Ltd - Application For Leave to Appeal (JS829/21) [2024] ZALCJHB 245 (24 June 2024)

Court

Labour Court Johannesburg

Case number

JS829/21

Judge

M Makhura

The court found that the respondent had conceded to unilaterally changing the terms and conditions of employment for Steyn and Clark, which was fatal to its case. There were no conflicting judgments on the issue, and the respondent's grounds for appeal lacked merit. The respondent's case regarding the unfair retrenchment dispute was found to be hopeless both on the facts and applicable legal principles. The claim for notice pay was similarly without merit. The court concluded that there were no reasonable prospects of success on appeal and no compelling reason for the appeal to be heard. Acco…

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• Breach Of Contract
• Unfair Dismissal
• Notice Pay
• Leave To Appeal
• Retrenchment Dispute

Solidarity obo Members v Sahara African Living (Pty) Ltd (JS829/21)

Solidarity obo Members v Sahara African Living (Pty) Ltd (JS829/21) [2024] ZALCJHB 166 (17 April 2024)

Court

Labour Court Johannesburg

Case number

JS829/21

Judge

M Makhura

The court found that the respondent breached the employment contracts by unilaterally reducing salaries and implementing lay-offs without consultation or consent, in violation of the non-variation clause and section 34 of the BCEA. The employees did not tacitly consent or acquiesce to the changes, as their conduct did not demonstrate clear acceptance. The retrenchment process was procedurally and substantively unfair due to the respondent's failure to consult with Solidarity and the affected employees, as required by section 189 of the LRA. The company deprived the employees of the opportunit…

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• Unilateral Change To Terms
• Unfair Dismissal
• Consultation Requirements
• Compensation For Breach
• Notice Pay
• Covid19 Employment Measures

Mathope and Others v Fidelity Security Services (Pty) Ltd (JS 753-21)

Mathope and Others v Fidelity Security Services (Pty) Ltd (JS 753-21) [2024] ZALCJHB 61 (16 February 2024)

Court

Labour Court Johannesburg

Case number

JS 753-21

Judge

Norton

Labour Court dismissed security guards’ monetary claims, holding it lacked jurisdiction over severance, notice pay, and section 198B claims.

• Severance Pay
• Fixed Term Contracts
• Jurisdiction Of Labour Court
• Notice Pay
• Collective Agreements
• Severance-pay

Janynarayan and Others v Fugro Survey Africa (Pty) Ltd (C567/2020)

Janynarayan and Others v Fugro Survey Africa (Pty) Ltd (C567/2020) [2023] ZALCCT 61 (10 November 2023)

Court

Labour Court Cape Town

Case number

C567/2020

Judge

Lagrange

The Labour Court found the retrenchment of three engineers during Covid-19 was substantively and procedurally unfair because unpaid leave was not properly explored.

• Retrenchment
• Unfair Dismissal
• Consultation Process
• Alternatives To Retrenchment
• Notice Pay
• Compensation For Unfair Dismissal

Malan v RSB (Pty) Ltd (JS 167/21)

Malan v RSB (Pty) Ltd (JS 167/21) [2023] ZALCJHB 290 (13 October 2023)

Court

Labour Court Johannesburg

Case number

JS 167/21

Judge

M Baloyi

The Labour Court found the retrenchment dismissal fair, held the settlement did not bar the unfair dismissal claim, and ordered four weeks' notice pay with interest.

• Unfair Dismissal
• Retrenchment
• Procedural Fairness
• Notice Pay
• Settlement Agreement
• Unfair-dismissal

Lemba and Others v Metro City Protection Services CC (C159/2020)

Lemba and Others v Metro City Protection Services CC (C159/2020) [2022] ZALCCT 11 (21 February 2022)

Court

Labour Court Cape Town

Case number

C159/2020

Judge

Lagrange

The Labour Court found the retrenchment substantively fair but procedurally unfair for failure to comply with section 189 consultations and notice requirements.

• Unfair Dismissal
• Retrenchment
• Procedural Fairness
• Severance Pay
• Notice Pay
• Interest On Awards