Apollo Tyres South Africa (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (DA1/11)
Apollo Tyres South Africa (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (DA1/11) [2013] ZALAC 3; [2013] 5 BLLR 434 (LAC); (2013) 34 ILJ 1120 (LAC) (21 February 2013)
The Labour Appeal Court held that the concept of 'benefit' in section 186(2)(a) of the LRA is not confined to entitlements arising solely from contract or statute. It extends to advantages or privileges granted to employees under employer policies or practices, even where the employer retains discretion. The Court found that the appellant's early retirement scheme constituted a 'benefit' as contemplated by the LRA, and that the employer's discretion in granting access to the scheme must be exercised fairly. In this case, the appellant shifted eligibility criteria, provided inconsistent reason…
Source excerpt
- Unfair Labour Practice
- Benefits Under Lra
- Employer Discretion
- Early Retirement Scheme
- Remedies For Unfairness