National Union of Mineworkers v De Beers Group Services (Pty) Ltd and Another (J737/09, J726/09, J829/09)
National Union of Mineworkers v De Beers Group Services (Pty) Ltd and Another (J737/09, J726/09, J829/09) [2009] ZALC 222 (24 June 2009)
The court held that the respondent issued notices of termination to the applicant's members prematurely, in breach of the statutory time periods prescribed by section 189A(7) and (8) of the Labour Relations Act. The employer failed to wait for the expiry of the required 60-day period and, in the case of Exploration, did not consult with the applicant as required by section 189(1). The court found that compliance with these statutory provisions is peremptory and that notices issued in contravention thereof are invalid and of no force and effect. The applicant's members are entitled to reinstat…
Source excerpt
- Retrenchment Procedure
- Section 189a Lra
- Termination Notice Validity
- Procedural Fairness
- Facilitation In Retrenchment
- Collective Bargaining Rights