South Africa Case Law

Edcon v Steenkamp and Others (JS648/13, JS51/14, JS350/14)

Edcon v Steenkamp and Others (JS648/13, JS51/14, JS350/14) [2015] ZALAC 2; 2015 (4) SA 247 (LAC); [2015] 6 BLLR 549 (LAC); (2015) 36 ILJ 1469 (LAC) (3 March 2015)

Court

Labour Appeal Court

Case number

JS648/13, JS51/14, JS350/14

Judges

Tlaletsi, Musi, JR Murphy

The court held that non-compliance with the procedural requirements of section 189A(8) of the LRA does not render dismissals invalid or of no force and effect. The De Beers principle, which held that procedural lapses result in invalid dismissals, was found to be an erroneous interpretation. The LRA provides specific remedies for procedural flaws, such as urgent applications and immediate industrial action, and does not contemplate invalidity as a sanction. The statutory scheme is designed to separate procedural and substantive fairness, with remedies for procedural unfairness available throu…

Source excerpt

• Retrenchment Procedure
• Section 189a Lra
• Invalid Dismissal
• Procedural Fairness
• Remedies For Procedural Flaws