Disclosure of information: Provide before dismissal

De Klerk v Project Freight Group CC (C647/2014) [2014] ZALCCT 44; (2015) 36 ILJ 716 (LC) (14 August 2014) per Steenkamp J.

The Labour Court stopped the employer from implementing its decision to terminate the employee’s employment based on operational requirements.  The employee had referred a dispute to the CCMA concerning the refusal or failure of the employer to provide relevant information in terms of s16 of the LRA.  Until that dispute was finally resolved the employer was prevented from dismissing the employee.