Steenkamp and Others v Edcon Limited (CCT46/15, CCT47/15) [2016] ZACC 1; (2016) 37 ILJ 564 (CC); 2016 (3) BCLR 311 (CC); [2016] 4 BLLR 335 (CC); 2016 (3) SA 251 (CC) (22 January 2016)
Court
Constitutional Court
Case number
CCT46/15, CCT47/15
Judges
Mogoeng, Moseneke, Cameron, Jafta, Khampepe, Madlanga, Matojane, Nkabinde, Van der Westhuizen, Wallis, Zondo
The Constitutional Court was divided. The majority (Cameron J) held that non-compliance with the statutory time periods in section 189A(8) of the Labour Relations Act renders dismissals for operational requirements invalid. The majority reasoned that section 189A was enacted to create a dismissal-free zone during which consensus may be sought and alternatives explored, and that the obligation to respect the time periods is foundational to the statutory scheme. Dismissals effected in breach of section 189A(8) are a nullity and have no force or effect, and the contract of employment is not term…
Imbabazane Municipality v IMATU obo Gumbi and Others (D04/14) [2015] ZALCD 25; [2015] 8 BLLR 825 (LC); (2015) 36 ILJ 2297 (LC) (14 May 2015)
Court
Labour Court Durban
Case number
D04/14
Judge
S Pather
The court found that although Mr Ndlela lacked authority to sign the employment contracts after his term expired, the employees were appointed through a legitimate process, worked for the municipality, and were remunerated. The principle of legality would ordinarily render the contracts void, but the court exercised its discretion not to set aside the administrative act to avoid injustice, considering the employees' rights to fair labour practices under the Constitution and the Labour Relations Act. The summary termination of employment without notice or fair procedure constituted an unfair d…
South African Transport and Allied Workers Union and Others v MSC Depots (Pty) Ltd and Others (D 449/2011) [2012] ZALCD 10; (2013) 34 ILJ 706 (LC) (16 July 2012)
Court
Labour Court Durban
Case number
D 449/2011
Judge
A van Niekerk
The Labour Court set aside dismissals that followed an internal hearing, holding the employer was bound to use section 188A pre-dismissal arbitration.
