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South Africa decisions
Decisions matching the current search
Mokgodi v Travelex Africa Foreign Exchange (Pty) Ltd (JS664/15) [2018] ZALCJHB 310 (2 October 2018)
The Labour Court held that Mokgodi’s retrenchment by Travelex was substantively fair and that no costs order was appropriate.
Sidane and Another v ABV Brands (Pty) Limited (D1167/2017) [2018] ZALCD 7 (13 July 2018)
The court found that the respondent failed to justify the dismissals of the applicants as substantively and procedurally fair. The selection criterion of 'redundancy' was not fair or objective, as it merely identified the incumbents of positions declared redundant without considering other criteria such as LIFO or the actual operational requirements. The respondent did not meaningfully consult with the applicants or consider alternatives to retrenchment, such as relocation or alternative positions suited to their skills and experience. The consultation process was flawed, with inadequate expl…
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Viljoen v Johannesburg Stock Exchange Ltd (JS398/15) [2016] ZALCJHB 361; (2017) 38 ILJ 671 (LC) (23 September 2016)
The Labour Court held that the applicant’s retrenchment was substantively and procedurally fair after a restructuring made her former role redundant.
Makalima v Edu-Loan (Pty) Ltd (JS 176/09) [2013] ZALCJHB 4 (21 January 2013)
The court found that the respondent had a fair economic rationale for restructuring and that the applicant's position and department became redundant as a result. The consultation process preceding the retrenchment, including the road show and information sessions, was comprehensive and relevant to the fairness of the dismissal. The applicant was informed of alternative positions and chose not to apply. The respondent complied substantially with the procedural requirements of section 189 of the LRA, and the applicant was afforded an adequate opportunity to make counter proposals. The dismissa…
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Bouwer v City of Johannesburg and Another (JA64/06) [2008] ZALAC 15 (23 December 2008)
The Labour Appeal Court held that a prior motion dismissal after full argument was final on the merits and barred the same claim by res judicata.
Nel v City of Johannesburg Metropolitan Municipality and Others (J160/2005) [2008] ZALC 90 (30 June 2008)
The Labour Court held that Nel’s property-management post was abolished after the section 197 transfer, but he had waived transfer rights and was suitably redeployed.
Pretorius v Rustenburg Local Municipality and Others (JA20/05) [2007] ZALAC 15; (2008) 29 ILJ 1113 (LAC) (21 December 2007)
The Labour Appeal Court dismissed an employee’s claim for severance pay after municipal restructuring, holding that his rejection of reasonable alternative employment was unreasonable.
Erasmus and Others v Ekurhuleni Metropolitan Municipality and Others (40292/2005) [2006] ZAGPHC 210 (29 May 2006)
The court dismissed an exception to a claim for redundancy and severance benefits, holding that the pleadings could reasonably support contractual relief.
Gwebu v Dimension Data (JS1399/01) [2003] ZALC 169 (27 May 2003)
The Labour Court found Mr Gwebu’s retrenchment fair under section 189 of the Labour Relations Act and dismissed his application for reinstatement.
South African Mutual Life Assurance Society v Insurance and Banking Staff Association and Others (CA10/2000) [2001] ZALAC 25; [2001] 9 BLLR 1045 (LAC) (29 June 2001)
The Labour Appeal Court held that the employer failed to prove a genuine operational-requirements retrenchment and dismissed the appeal with costs.
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