South Africa Case Law

Faeroes Properties (Pty) Ltd v Southern African Clothing and Textile Workers Union and Others (JA37/2024)

Faeroes Properties (Pty) Ltd v Southern African Clothing and Textile Workers Union and Others (JA37/2024) [2025] ZALAC 35 (5 June 2025)

Court

Labour Appeal Court

Case number

JA37/2024

Judges

Savage, Sutherland, Davis

Labour Appeal Court upheld findings of unfair retrenchment, dismissed the appeal and cross-appeal, and left compensation in place without costs.

• Large Scale Retrenchment
• Procedural Fairness
• Substantive Fairness
• Compensation For Unfair Dismissal
• Reinstatement Remedy
• Section 189a Application

National Union for All Sectors and Others v 3 Sixty Life (Pty) Ltd and Others (C171/24)

National Union for All Sectors and Others v 3 Sixty Life (Pty) Ltd and Others (C171/24) [2024] ZALCCT 24; (2024) 45 ILJ 1841 (LC) (12 June 2024)

Court

Labour Court Cape Town

Case number

C171/24

Judge

T Gandidze

The court held that section 189A of the Labour Relations Act applies only to large-scale retrenchments where the employer contemplates retrenching at least ten employees. In this case, the first respondent employed more than fifty employees but only four were affected by the retrenchment, and one employee had been retrenched in the preceding twelve months. The applicants did not contest these figures. Therefore, section 189A did not apply to the retrenchment process, and the applicants could not seek relief under section 189A(13)(d). Compensation under section 194 is only available once proce…

Source excerpt

• Retrenchment Procedure
• Section 189a Application
• Compensation For Unfair Dismissal
• Fixed Term Contracts
• Jurisdiction Of Labour Court

Modipa v Road Accident Fund (J942/23)

Modipa v Road Accident Fund (J942/23) [2023] ZALCJHB 225 (10 July 2023)

Court

Labour Court Johannesburg

Case number

J942/23

Judge

Lallie

The court found that the correct test for urgency in applications under section 189A(13) of the LRA is the statutory one provided in section 189A(17)(a), not the general test under rule 8. The applicant received lawful notice of termination on 25 April 2023, as the letter provided two months' notice pay in lieu of notice, in compliance with the BCEA. The subsequent correspondence did not withdraw or negate the original notice. The application was launched more than 30 days after the notice was given, and the applicant failed to show good cause for condonation of the delay. The authorities cit…

Source excerpt

• Retrenchment Procedure
• Section 189a Application
• Urgency In Labour Court
• Notice Period Requirements

Voice of The Workers of South Africa Civil Right Union v Kijima Construction (Pty) Ltd (J591/2022)

Voice of The Workers of South Africa Civil Right Union v Kijima Construction (Pty) Ltd (J591/2022) [2022] ZALCJHB 153 (1 June 2022)

Court

Labour Court Johannesburg

Case number

J591/2022

Judge

Van Niekerk

The court held that the union's application for interim relief pending facilitation at the CCMA was not sustainable, as the statutory timeframes for requesting facilitation and for the facilitator's involvement had expired. The union failed to act with the required diligence during the consultation process and did not make a timely request for information or facilitation. The relief sought was not available under section 189A(13) of the LRA, and the union's application was both procedurally and substantively defective. The court further found that the union did not act in good faith and that…

Source excerpt

• Retrenchment Procedure
• Section 189a Application
• Facilitation In Consultation
• Procedural Fairness
• Costs Award

Tshani and Others v DHL Supply Chain South Africa (Pty) Ltd (J132/22)

Tshani and Others v DHL Supply Chain South Africa (Pty) Ltd (J132/22) [2022] ZALCJHB 151 (30 May 2022)

Court

Labour Court Johannesburg

Case number

J132/22

Judge

Tlhotlhalemaje

The Labour Court dismissed an application for leave to appeal against an order refusing section 189A(13) relief, finding no reasonable prospects of a different outcome.

• Section 189a Application
• Urgency In Labour Court
• Condonation
• Costs Order
• Mutual Separation Agreement
• Labour-law

National Education Health and Allied Workers Union (NEHAWU) obo Members and Others v Durban University of Technology (D542/2021)

National Education Health and Allied Workers Union (NEHAWU) obo Members and Others v Durban University of Technology (D542/2021) [2021] ZALCD 63 (30 September 2021)

Court

Labour Court Durban

Case number

D542/2021

Judge

Lagrange

The Labour Court dismissed an urgent section 189A application about retrenchments at Durban University of Technology, finding insufficient proof of procedural unfairness.

• Procedural Unfair Dismissal
• Retrenchment Consultation
• Section 189a Application
• Urgent Interdict
• Procedural-unfair-dismissal
• Retrenchment-consultation

South African Commercial Catering and Allied Workers Union v Massdiscounters (Pty) Ltd t/a Game and Another (J675/21)

South African Commercial Catering and Allied Workers Union v Massdiscounters (Pty) Ltd t/a Game and Another (J675/21) [2021] ZALCJHB 156 (29 June 2021)

Court

Labour Court Johannesburg

Case number

J675/21

Judge

G.N. Moshoana

The Labour Court found that the consultation process under section 189A of the LRA was procedurally fair. The applicant, SACCAWU, had itself compromised the facilitated process by agreeing to fewer meetings and abandoning facilitation, and could not later complain about procedural unfairness. The mapping agreement reached was not a process-related agreement but an agreement on selection criteria, and any dispute regarding its application or interpretation is to be resolved through arbitration, not by the Labour Court under section 189A(13). The Court rejected SACCAWU's claim that the responde…

Source excerpt

• Retrenchment Procedure
• Collective Agreements
• Procedural Fairness
• Section 189a Application
• Selection Criteria
• Costs Award

National Education Health and Allied Workers Union v Minister for Trade, Industry and Competition and Another (J587/2021)

National Education Health and Allied Workers Union v Minister for Trade, Industry and Competition and Another (J587/2021) [2021] ZALCJHB 98; (2021) 42 ILJ 1992 (LC) (4 June 2021)

Court

Labour Court Johannesburg

Case number

J587/2021

Judge

Van Niekerk

The Labour Court held a section 189A(13) retrenchment challenge was properly brought during ongoing consultation, but dismissed it for lack of proven procedural unfairness.

• Retrenchment Procedure
• Section 189a Application
• Consultation Process
• Collective Agreement Interpretation
• Disclosure Of Information
• Costs Award

Govind v AC Nielsen Marketing and Media (Pty) Ltd (P 95/2020)

Govind v AC Nielsen Marketing and Media (Pty) Ltd (P 95/2020) [2020] ZALCPE 12 (6 October 2020)

Court

Labour Court Port Elizabeth

Case number

P 95/2020

Judge

Tlhotlhalemaje

An urgent section 189A(13) retrenchment challenge was dismissed after the Labour Court found the employer had consulted sufficiently and the complaints were largely substantive.

• Retrenchment Procedure
• Section 189a Application
• Procedural Fairness
• Consultation Requirements
• Urgent Relief
• Retrenchment-procedure

Cold Chain (Pty) Ltd v Food and Allied Workers Union (JA134/18)

Cold Chain (Pty) Ltd v Food and Allied Workers Union (JA134/18) [2020] ZALAC 16; (2020) 41 ILJ 2067 (LAC) (18 May 2020)

Court

Labour Appeal Court

Case number

JA134/18

Judges

Davis, Musi, Sutherland

The Labour Appeal Court held that procedural non-compliance under section 189A does not make a dismissal invalid. The appeal succeeded and the application was dismissed with costs.

• Dismissal For Operational Requirements
• Procedural Fairness
• Invalid Dismissal
• Section 189a Application
• Reinstatement
• Costs Order