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South Africa Case Law

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Labour Law [2020] ZALCJHB 56

South African Communication Union and Another v Telkom SA SOC Ltd (J203/2020)

South African Communication Union and Another v Telkom SA SOC Ltd (J203/2020) [2020] ZALCJHB 56; (2020) 41 ILJ 1425 (LC) (5 March 2020)

Labour Court dismissed an urgent section 189A(13) application over Telkom's opening of voluntary severance packages during retrenchment consultations.

  • Retrenchment Consultation
  • Section 189a Procedure
  • Voluntary Severance Packages
  • Procedural Fairness
  • Urgent Interdict
  • Retrenchment-consultation
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Labour Law [2017] ZALCJHB 339

NUMSA obo Kili and Others v Viva Steel FAB Engineering (Pty) Limited t/a Viva Engineering (JS159/16)

NUMSA obo Kili and Others v Viva Steel FAB Engineering (Pty) Limited t/a Viva Engineering (JS159/16) [2017] ZALCJHB 339 (6 September 2017)

The Labour Court held that a retrenchment for operational requirements was not unfair where workload fell, rental rose sharply, and vacancies were unavailable.

  • Retrenchment
  • Operational Requirements
  • Voluntary Severance Packages
  • Substantive Fairness
  • Skills Audit
  • Consultation Process
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.