Nawa and Another v Department of Trade and Industry (J343/97) [1997] ZALC 4 (27 June 1997)
Court
Labour Court
Case number
J343/97
Judge
A A Landman
The court found that the decentralisation programme proposed by the respondents did not infringe the applicants' rights under the Labour Relations Act, as it did not affect their terms and conditions of employment nor constitute an unfair labour practice as defined in Schedule 7, Item 2(1)(b). The restructuring fell within the employer's managerial prerogative. The allegations of victimisation were not substantiated by concrete evidence and did not warrant an interdict. The application failed on both grounds and was dismissed. No order as to costs was made, following guidelines from Num v Erg…