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South Africa decisions
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Theron v Norkim Construction and Mining Services CC (JS380/06) [2008] ZALC 174 (4 December 2008)
The Labour Court found Theron’s dismissal procedurally and substantively unfair, rejected the alleged mutual agreement to terminate, and awarded 12 months’ basic salary.
Nethavani and Others v Fontana Kwik Spar (J1115/98) [2001] ZALC 93 (21 June 2001)
The Labour Court dismissed a retrenchment challenge, finding the employees were represented by the unions consulted and that section 189 was broadly complied with.
South African Transport & Allied Workers Union v North-West Transport Investments (Pty) Limited and Others (747/2001) [2001] ZANWHC 3 (25 January 2001)
The High Court granted a union leave to approach the Labour Court urgently for an interdict over retrenchments, holding that judicial management could not block labour rights.
Langa and Others v Active Packaging (Pty) Limited (JA76/99) [2000] ZALAC 23; [2001] 1 BLLR 37 (LAC); (2001) 22 ILJ 397 (LAC) (3 November 2000)
Labour Appeal Court upheld the retrenchments, finding section 189 consultation began in 1997 and that sufficient financial information was disclosed.
Van Niekerk v Cheque Guarantee Services (Pty) Ltd (J3066/98) [2000] ZALC 95; (2001) 22 ILJ 728 (LC) (15 September 2000)
The court found that the dismissal of the applicant was procedurally unfair, as conceded by the respondent. However, the respondent made a genuine and unconditional offer of reinstatement to redress the procedural defect. The applicant's reasons for rejecting the offer—alternative employment, duplication of positions, fear of victimisation, breakdown of trust, and risk of retrenchment—were either unsupported by evidence or not valid grounds for refusal. The applicant's rejection of the offer frustrated the respondent's bona fide attempt to remedy the procedural unfairness. Accordingly, in ter…
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Msimango Dumisani and others v Mintroad Saw Mills (Pty) Ltd (JA17/99) [1999] ZALAC 27 (15 November 1999)
The court held that the appellants' claims were barred by the doctrine of res judicata. The issues regarding compliance with section 189(3) of the Labour Relations Act and the fairness of the dismissals had already been fully ventilated and decided in the earlier urgent interdict application. The subsequent proceedings merely repeated the same factual and legal contentions, and the relief sought was based on the same underlying dispute. The court affirmed that the modern approach to res judicata allows for issue estoppel where the same question has been decided between the same parties, even…
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Sayles v Tartan Steel CC (J1384/97) [1999] ZALC 9 (22 January 1999)
The Labour Court held that Malcolm Sayles was not entitled to compensation after a retrenchment dispute, finding any section 189 non-compliance resulted from his acceptance of redeployment.
Sizabantu Electrical Construction v Guma and Others (J1281/98) [1998] ZALC 101 (5 November 1998)
The Labour Court dismissed an application to rescind a default judgment, finding no prima facie defence to an unfair dismissal claim and no good cause.
South African Typographic Union v Press of Corporations South African Limited (J1541/98) [1998] ZALC 46 (7 July 1998)
The Labour Court held that voluntary retrenchment packages formed part of an ongoing retrenchment consultation and could not be offered unilaterally under section 189.
Security Retail Transport and Allied Workers union and Others v Wingprop (J124/98) [1998] ZALC 37 (21 June 1998)
The Labour Court found the retrenchment dispute was not settled and held the dismissal procedurally unfair for non-compliance with section 189.
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