Category: Operational reasons-189A

Business rescue plan: Unfair dismissal procedure?

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Voluntary separation packages: Procedurally fair

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Operational needs considered: Flexible working hours

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Collective agreement extended: Complies with LRA s197(6)

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Procedural fairness excluded: Mass dismissal dispute

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Restructuring enterprise obligatory: Offers rejected by employees

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Changing employment terms: Considered and applied

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Mine closure and dismissals: Tension between LRA 189A and MPRDA 52

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Operational requirements dismissals: Process and substance

It is submitted that the labour court correctly refused to allow the trade union to consolidate cases concerning alleged unfair process and substance.  In about 2002 trade unions demanded the right to strike over dismissals...

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Cost efficiency: Woolworths business case?

Nkutha-Nkontwana AJ in SACCAWU v Woolworths (Pty) Ltd (J3159/12, JS1177/12) [2016] ZALCJHB 126 (5 March 2016) at para [49]. “Even if cost efficiency was a standalone operational requirement, Woolworths did not produce any...

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Operational requirements: Non-compliance internal equity

SACCAWU v Woolworths (Pty) Ltd (J3159/12, JS1177/12) [2016] ZALCJHB 126 (5 March 2016) per Nkutha-Nkontwana, AJ. With effect from 4 November 2012 the Labour Court reinstated 44 employees with full back-pay after finding that...

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Imperative statutory language: Find the purpose

Steenkamp v Edcon Ltd (CCT46/15, CCT47/15) [2016] ZACC 1 (22 January 2016) per Cameron J: [1] to [86] and Zondo J [87] to [195]. An important question that often arises is whether something done contrary to a statutory provision...

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