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South Africa decisions
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Rakgogo v South African Local Government Bargaining Council (SALGBC) and Others (JR380/24) [2025] ZALCJHB 335 (31 July 2025)
Labour Court dismissed a review of an award upholding dismissal for insubordination after a municipal employee refused a transfer instruction.
Mthembu and Others v Snackworks and Another (D505/2021) [2025] ZALCD 29 (29 July 2025)
The Labour Court dismissed an application to retrieve an archived file, finding the delay was inadequately explained and the applicants lacked prospects of success.
HeroTel (Pty) Ltd v Moses and Others (CA05/2024) [2025] ZALAC 42 (10 July 2025)
The court found that the rationale for retrenchment advanced by Fusion was misleading and did not reflect the true reason for the dismissals. The evidence showed that Fusion transferred key business units and revenue streams to the appellant, creating a self-induced financial crisis. The failure to disclose audited financial statements and other financial information undermined the consultation process and prevented the affected employees from challenging the rationale or proposing alternatives. The selection criteria were not agreed upon, and no objective evidence supported their fairness. T…
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De Weijer v Babcock Africa Services (Pty) Ltd (JS195/21) [2025] ZALCJHB 193 (19 May 2025)
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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LEWUSA obo Maesela and Others v RGM Cranes (Pty) Ltd (JS863/21) [2025] ZALCJHB 173 (29 April 2025)
The court found that the respondent failed to comply with the substantive and procedural requirements for dismissal based on operational requirements. The consultation process was not meaningful or joint consensus-seeking, as required by section 189 of the Labour Relations Act. The respondent did not adequately consider or discuss alternatives to retrenchment, nor did it provide sufficient disclosure of relevant information to the applicants and their union. The selection criteria used were not fair or objective, being influenced by factors such as salary levels, medical conditions, and alleg…
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Janynarayan and Others v Fugro Survey Africa (Pty) Ltd (CA 04/2024) [2025] ZALCCT 18 (6 March 2025)
The Labour Appeal Court dismissed an appeal against a compensation award for unfair retrenchment, finding no basis to interfere with the trial court’s discretion.
Langa and Another v Smollan Sales and Marketing (Pty) Ltd (J 50/21) [2025] ZALCJHB 86 (3 March 2025)
The court found that the respondent demonstrated a genuine operational need for restructuring, driven by increased weekend sales requirements and economic pressures resulting from the COVID-19 pandemic. The applicants did not dispute the necessity of weekend coverage or the restructuring itself, but objected to the reduction in salary. The evidence and common cause facts established that cost reduction was necessary to mitigate financial risk and ensure sustainability. The consultation process was extensive and alternatives were offered. The court concluded that the dismissal for operational…
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Shushu and Others v Distell Ltd (Springs) (JS81/21) [2024] ZALCJHB 527; (2025) 46 ILJ 1000 (LC) (10 December 2024)
The court found that the company failed to establish a fair operational requirement for the applicants' dismissal. The company had already achieved its cost-saving objective through the voluntary agreement of nearly all employees, and the additional saving from dismissing the applicants was negligible. The stated rationale of ensuring consistency and avoiding labour disputes did not constitute a valid operational requirement. Even if cost-saving was accepted as the rationale, the company did not demonstrate the material impact of the additional saving. The dismissals were found to be dispropo…
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Le Grange v Dr Visser t/a Skukuza Medical Practice and Another (JA101/2022) [2024] ZALAC 61; [2025] 2 BLLR 152 (LAC); (2025) 46 ILJ 947 (LAC) (18 November 2024)
The Labour Appeal Court found that the Labour Court erred in raising and deciding the jurisdiction issue, as dismissal was admitted and not disputed by the parties. The appellant was dismissed by notice effective 31 March 2021, and her referral to the CCMA was not premature. The respondent failed to follow any process under section 189 of the Labour Relations Act, and there was no consultation or engagement with the appellant after the notice of termination. The belated offer of alternative employment was irrelevant, as the dismissal had already taken effect and could not be unilaterally reve…
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Bongoza and Others v Adcorp Blu A Divion of Fulfilment & Services (Pty) Ltd and Others (D60/2020) [2024] ZALCD 41 (4 November 2024)
The Labour Court held that the retrenchments were substantively fair because National Brands proved operational need, and the applicants’ deemed-employment argument failed.
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