South Africa Case Law

Umicore Catalyst South Africa (Pty) Ltd v National Union of Metalworkers of South Africa and Others (PA3/23)

Umicore Catalyst South Africa (Pty) Ltd v National Union of Metalworkers of South Africa and Others (PA3/23) [2024] ZALAC 37; [2024] 11 BLLR 1138 (LAC); (2024) 45 ILJ 2545 (LAC) (29 August 2024)

Court

Labour Appeal Court

Case number

PA3/2023

Judges

Molahleli, Nkutha-Nkontwana, Govindjee

The court found that Umicore failed to prove that the behavioural assessment used in the selection process for retrenchment was fair and objective. The assessment focused on inherently subjective criteria such as personality traits, initiative, and enthusiasm, which were not agreed upon and bore little correlation to the operational objectives. The formulation of the questions was problematic, often double-barrelled and requiring subjective responses, and no on-the-job evaluation was performed to objectively assess independent work capability. The panel relied on personal impressions rather t…

Source excerpt

• Operational Requirements Dismissal
• Selection Criteria
• Fairness And Objectivity
• Skills Retention
• Reinstatement
• Last In First Out

SACU obo Danster v Bidvest Facilities Management (Pty) Ltd (JS 1069/2020)

SACU obo Danster v Bidvest Facilities Management (Pty) Ltd (JS 1069/2020) [2022] ZALCJHB 251 (9 September 2022)

Court

Labour Court Johannesburg

Case number

JS 1069/2020

Judge

Van Niekerk

The Labour Court held that the retrenchment was procedurally unfair because the employee was not given a fair chance to challenge the skills-based selection assessment.

• Retrenchment
• Selection Criteria
• Last In First Out
• Skills Retention
• Procedural Fairness
• Compensation For Unfair Dismissal

CEPPWAWU obo Gumede v Republican Press (LD113/00 , D113/00)

CEPPWAWU obo Gumede v Republican Press (LD113/00 , D113/00) [2005] ZALC 21; [2006] 6 BLLR 537 (LC); (2006) 27 ILJ 335 (LC) (13 September 2005)

Court

Labour Court

Case number

D113/00

Judge

Pillay D

Labour Court retrenchment case holding that the dismissals were procedurally and substantively unfair because selection criteria were not properly disclosed or fairly applied.

• Retrenchment
• Selection Criteria
• Last In First Out
• Skills Retention
• Procedural Fairness
• Substantive Fairness