South Africa Case Law

Mathebese v Jabeth (Pty) Ltd (JS558/2022)

Mathebese v Jabeth (Pty) Ltd (JS558/2022) [2022] ZALCJHB 347 (5 December 2022)

Court

Labour Court Johannesburg

Case number

JS558/2022

Judge

Nkutha-Nkontwana

The court found that Mr Mathebese's dismissal was both substantively and procedurally unfair. Jabeth failed to provide a genuine commercial rationale for the retrenchment, as there was still work available and alternatives were not considered. The consultation process was inadequate, consisting of a single brief meeting without meaningful engagement on alternatives, selection criteria, or timing. The selection criterion of skill retention was not objectively justified, especially given the nature of the work. The process amounted to presenting the employee with a fait accompli, contrary to th…

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• Unfair Retrenchment
• Consultation Requirements
• Selection Criteria
• Compensation
• Operational Requirements

Ditsoane v Acwa Power Africa Holdings (PTY) (JS 259/2017)

Ditsoane v Acwa Power Africa Holdings (PTY) (JS 259/2017) [2022] ZALCJHB 299 (24 October 2022)

Court

Labour Court Johannesburg

Case number

JS 259/2017

Judge

Van Niekerk

The Labour Court dismissed an application to set aside a notice of withdrawal, finding the delay in reviving the dispute was inordinate and prejudicial.

• Unfair Retrenchment
• Condonation For Late Referral
• Withdrawal Of Claim
• Exception Procedure
• Withdrawal-of-claim
• Condonation-for-late-referral

Hopkins v Man-Dirk (PTY) LTD (JS871/19)

Hopkins v Man-Dirk (PTY) LTD (JS871/19) [2022] ZALCJHB 244 (25 August 2022)

Court

Labour Court Johannesburg

Case number

JS871/19

Judge

B Masuku

The court found that the delay in filing and serving the statement of claim was minimal and not egregious. The applicant provided a cogent explanation for the delay, including confusion over the respondent's correct office address and the refusal of the respondent's manager to accept service. The applicant demonstrated diligence and an intention to pursue his claims. The court determined that there are reasonable prospects of success in the main action, particularly regarding the substantive fairness of the retrenchment and entitlement to unpaid notice pay and commission. The respondent would…

Source excerpt

• Condonation
• Unfair Retrenchment
• Late Service Of Statement Of Claim
• Prospects Of Success
• Section 189 Consultation
• Notice Pay And Commission

WAR obo Zondo and Others v Premier Logistics (Pty) Limited (JS206/21)

WAR obo Zondo and Others v Premier Logistics (Pty) Limited (JS206/21) [2021] ZALCJHB 325 (6 October 2021)

Court

Labour Court Johannesburg

Case number

JS206/21

Judge

F. Coetzee

The Labour Court postponed this application sine die after the applicant’s illness was supported by a medical certificate and the respondent agreed.

• Unfair Retrenchment
• Abuse Of Court Process
• Costs Order
• Postponement
• Labour-law
• Costs-order

Mandlazi v Ubuhle Bemvelo Plant Hire (JS212-20)

Mandlazi v Ubuhle Bemvelo Plant Hire (JS212-20) [2021] ZALCJHB 88 (27 May 2021)

Court

Labour Court Johannesburg

Case number

JS212-20

Judge

F Coetzee

The court found that the delay in filing the statement of claim was minimal (two days) and that the applicant provided a sufficient and reasonable explanation for the delay, primarily due to the conduct of his previous attorneys and the insurer. The applicant acted diligently once he became aware of the lack of progress. There was no prejudice to the respondent, and the applicant would be denied access to the court if condonation were refused. The applicant also demonstrated prospects of success in his claim for unfair retrenchment. Accordingly, condonation was granted.

Source excerpt

• Condonation
• Late Filing
• Unfair Retrenchment
• Statement Of Claim

Bidvest Protea Coin (Pty) v Kgwedi (JS1052/16)

Bidvest Protea Coin (Pty) v Kgwedi (JS1052/16) [2017] ZALCJHB 243 (14 June 2017)

Court

Labour Court Johannesburg

Case number

JS 1052/16

Judge

Saloojee

The Labour Court granted condonation for the late filing of a statement of defence, finding the delay was not severe, caused no real prejudice, and the defence had prospects of success.

• Condonation
• Unfair Retrenchment
• Statement Of Defence
• Polygraph Testing
• Prospects Of Success
• Labour-law

Mokaba and Others v Kgolo Business Trust t/a Kgolo Institute and Another (JS687/15)

Mokaba and Others v Kgolo Business Trust t/a Kgolo Institute and Another (JS687/15) [2016] ZALCJHB 327 (29 August 2016)

Court

Labour Court Johannesburg

Case number

JS687/15

Judge

Lagrange

The court found that the applicants acted with reasonable diligence in pursuing their claim and provided a satisfactory explanation for the delay, primarily due to being misled at conciliation and difficulties in obtaining legal advice. The delay was not excessive, and the applicants attempted service by various means, with the respondent refusing courier delivery. The court was satisfied that the applicants have reasonable prospects of success, as their retrenchment appears to have occurred without a proper process. The existence of settlement agreements does not necessarily bar the claim, a…

Source excerpt

• Condonation
• Unfair Dismissal
• Unfair Retrenchment
• Settlement Agreement
• Late Referral

National Union of Mineworkers and Others v Spiderwebb Altitudes Systems (Pty) Ltd (JS91/15)

National Union of Mineworkers and Others v Spiderwebb Altitudes Systems (Pty) Ltd (JS91/15) [2016] ZALCJHB 480 (4 April 2016)

Court

Labour Court Johannesburg

Case number

JS91/15

Judge

Van Niekerk

The Labour Court rejected an automatically unfair dismissal claim based on union membership, but found the retrenchment procedurally unfair and awarded compensation.

• Automatically Unfair Dismissal
• Unfair Retrenchment
• Trade Union Membership
• Compensation
• Procedural Fairness
• Automatically-unfair-dismissal

Engelbrecht v Fraser Alexander (Pty) Ltd (JS518/2014)

Engelbrecht v Fraser Alexander (Pty) Ltd (JS518/2014) [2016] ZALCJHB 47 (10 February 2016)

Court

Labour Court Johannesburg

Case number

JS518/2014

Judge

AC Basson

The Labour Court held that the retrenchment was substantively and procedurally fair, but awarded three months’ compensation for procedural unfairness in one appointment process.

• Unfair Retrenchment
• Section 189 Consultation
• Bumping
• Alternative Positions
• Compensation For Procedural Unfairness
• Unfair-retrenchment

Raftopulos v Van De Venter Mojapelo Inc Attorneys (J 1433/09)

Raftopulos v Van De Venter Mojapelo Inc Attorneys (J 1433/09) [2015] ZALCJHB 123 (15 April 2015)

Court

Labour Court Johannesburg

Case number

J 1433/09

Judge

R Lagrange

The Labour Court found the applicant’s retrenchment was substantively and procedurally unfair because the consultation process lacked bona fides and selection was not objectively fair.

• Unfair Retrenchment
• Consultation Process
• Selection Criteria
• Compensation
• Procedural Fairness
• Unfair-retrenchment