South Africa Case Law

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet and Others v Perlee and Others (JA01/24)

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet and Others v Perlee and Others (JA01/24) [2025] ZALAC 8 (10 February 2025)

Court

Labour Appeal Court

Case number

JA01/24

Judges

Savage, Van Niekerk, Nkutha-Nkontwana

The Labour Appeal Court found that the closure of Car Mall and the outsourcing of its functions to DealersOnline did not constitute a transfer of business as a going concern under section 197 of the Labour Relations Act. The evidence showed that no tangible or intangible assets, operating systems, or employees were transferred in a manner that would trigger section 197. DealersOnline provided its own infrastructure and services to Avis Fleet, and only a limited number of former Car Mall employees were recruited. The main, dominant and proximate cause of the respondents' dismissal was operatio…

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• Automatic Unfair Dismissal
• Section 197 Transfer
• Operational Requirements Retrenchment
• Outsourcing
• Service Level Agreement

SATAWU obo Murulani and Others v First Help (Pty) Ltd (593/2021)

SATAWU obo Murulani and Others v First Help (Pty) Ltd (593/2021) [2024] ZALCJHB 216 (30 May 2024)

Court

Labour Court Johannesburg

Case number

JS 593/2021

Judge

A van Niekerk

The Labour Court dismissed an application for condonation after a year-long delay in referring an unfair dismissal dispute, finding the explanation inadequate and prospects unproven.

• Condonation
• Unfair Dismissal
• Operational Requirements Retrenchment
• Section 189a Consultation
• Late Referral
• Procedural Fairness

CMC Global Outsourcing (Pty) Ltd and Another v Van Niekerk and Others (JR408/22)

CMC Global Outsourcing (Pty) Ltd and Another v Van Niekerk and Others (JR408/22) [2024] ZALCJHB 198 (8 May 2024)

Court

Labour Court Johannesburg

Case number

JR408/22

Judge

S Snyman

The Labour Court held that after three months of placement, section 198A(3)(b) of the LRA deems the client (RTT) to be the sole employer, and no dual employment relationship exists with the TES (CMC). However, there was no evidence that RTT dismissed the first respondent; the removal from RTT was initiated by CMC, which acted under the mistaken belief that it remained the employer. The first respondent voluntarily entered into a new employment contract with CMC, and his subsequent dismissal by CMC for operational requirements was both substantively and procedurally unfair. The compensation aw…

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• Temporary Employment Services
• Section 198a Lra
• Unfair Dismissal
• Compensation Award
• Jurisdiction Of Ccma
• Operational Requirements Retrenchment

Inqubela Phambili Trade Union and Others v Pioneer Foods (PTY) Ltd, Wadeville Beverages (JS 740/2019)

Inqubela Phambili Trade Union and Others v Pioneer Foods (PTY) Ltd, Wadeville Beverages (JS 740/2019) [2022] ZALCJHB 314; (2023) 44 ILJ 327 (LC); [2023] 3 BLLR 229 (LC) (10 November 2022)

Court

Labour Court Johannesburg

Case number

JS 740/2019

Judge

Lagrange

Labour Court held that dismissals over a new four-shift system were not automatically unfair and were substantively fair for operational reasons.

• Automatically Unfair Dismissal
• Operational Requirements Retrenchment
• Collective Agreements
• Change In Working Hours
• Section 189 Consultation
• Unilateral Change Of Conditions

Mtetwa v Howden Africa (Pty) Ltd (JS90/16)

Mtetwa v Howden Africa (Pty) Ltd (JS90/16) [2017] ZALCJHB 363 (28 September 2017)

Court

Labour Court Johannesburg

Case number

JS90/16

Judge

P Nkutha-Nkontwana

The Labour Court held that the applicant failed to plead and prove discrimination, and that her dismissal for operational requirements was substantively fair.

• Automatically Unfair Dismissal
• Operational Requirements Retrenchment
• Discrimination
• Selection Criteria
• Section 189a Process
• Automatically-unfair-dismissal

Seleoane v Tshwane University of Technology (J1525/08)

Seleoane v Tshwane University of Technology (J1525/08) [2017] ZALCJHB 29 (24 January 2017)

Court

Labour Court Johannesburg

Case number

J1525/08

Judge

Whitcher

The Labour Court held that Seleoane’s dismissal was for operational requirements, not because he pursued a grievance, and found the retrenchment fair.

• Automatically Unfair Dismissal
• Operational Requirements Retrenchment
• Procedural Fairness
• Substantive Fairness
• Redeployment Policy
• Grievance Procedure

Rhema Ministries v SCMAWU obo Masangwana and Others (JR777/2013)

Rhema Ministries v SCMAWU obo Masangwana and Others (JR777/2013) [2016] ZALCJHB 413 (8 October 2016)

Court

Labour Court Johannesburg

Case number

JR777/2013

Judge

Bekker

Labour Court review of a CCMA award in a retrenchment dispute. The court set aside reinstatement and substantive unfairness, but upheld procedural unfairness.

• Unfair Dismissal
• Reinstatement
• Compensation For Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Operational Requirements Retrenchment

Zondi v Fountain Civil Engineering (Pty) Ltd (JS393/15)

Zondi v Fountain Civil Engineering (Pty) Ltd (JS393/15) [2016] ZALCJHB 122 (24 March 2016)

Court

Labour Court Johannesburg

Case number

JS393/15

Judge

Tlhotlhalemaje

The applicant failed to provide a satisfactory and comprehensive explanation for the excessive delay in filing his statement of claim. The periods of delay were not properly accounted for, and the reasons advanced, including complaints against the CCMA and union deregistration, were found to be inadequate and irrelevant. The applicant's prospects of success in the main claim were assessed as poor, as he did not dispute the operational requirements for retrenchment nor the offer of alternative employment. The interests of justice and fairness weighed against granting condonation, and the respo…

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• Condonation
• Unfair Dismissal
• Operational Requirements Retrenchment
• Late Filing
• Section 191 Lra

Landgoed v Commission for Conciliation, Mediation and Arbitration and Others (JR2288/13)

Landgoed v Commission for Conciliation, Mediation and Arbitration and Others (JR2288/13) [2016] ZALCJHB 473 (19 February 2016)

Court

Labour Court Johannesburg

Case number

JR2288/13

Judge

Van Niekerk

The Labour Court set aside a rescission ruling and rescinded a default CCMA award after finding the dispute was outside the CCMA’s jurisdiction.

• Jurisdiction Of Ccma
• Automatically Unfair Dismissal
• Rescission Of Award
• Operational Requirements Retrenchment
• Ccma-jurisdiction
• Automatically-unfair-dismissal

Ndaba and Others v T - Systems (Pty) Ltd and Others (JS788/2012)

Ndaba and Others v T - Systems (Pty) Ltd and Others (JS788/2012) [2015] ZALCJHB 346; [2016] 1 BLLR 60 (LC) (7 October 2015)

Court

Labour Court Johannesburg

Case number

JS788/2012

Judge

Tlhotlhalemaje

The Labour Court lacks jurisdiction to adjudicate claims of procedural unfairness in retrenchments under section 189A unless brought by way of an application under section 189A(13) within the prescribed period. The applicants' claim that their dismissals were unlawful, invalid, or void due to premature notice of termination is not sustainable in law. The notice of termination was issued in accordance with the statutory requirements, and recent case law confirms that non-compliance with section 189A does not result in invalidity of dismissals. The preliminary points raised by the respondents a…

Source excerpt

• Automatically Unfair Dismissal
• Operational Requirements Retrenchment
• Section 189a Procedure
• Jurisdiction Of Labour Court
• Notice Of Termination
• Procedural Vs Substantive Fairness