Lesolo v Petro South Africa Ltd (C204/2009)
Lesolo v Petro South Africa Ltd (C204/2009) [2010] ZALCCT 11 (23 February 2010)
The court found that the applicant failed to demonstrate that his dismissal was automatically unfair under section 187(1)(c) or (d) of the Labour Relations Act. There was no evidence that the dismissal was intended to compel the applicant to accept the settlement agreement, nor was the dismissal conditional upon acceptance of any demand. The settlement offer had lapsed months before the dismissal, and the applicant himself confirmed that it was no longer open for acceptance at the time of the charges and dismissal. Furthermore, the actions for which the applicant claimed protection were not r…
Source excerpt
- Automatic Unfair Dismissal
- Section 187 1 C
- Section 187 1 D
- Section 5 1 Lra
- Conditional Dismissal
- Settlement Agreement