Ketse v Telkom SA Soc Ltd (P 400/14)  ZALCPE 38  4 BLLR 436 (5 December 2014) per Lallie J.
Employers are obliged to engage in a meaningful joint consensus-seeking process after they contemplate the likelihood of having to terminate employment for a valid and fair reason based on operational requirements. The LRA sets out four levels for such ‘consultation’. Employer are only required to ‘consult’ individual employees if there are no other consulting parties. This is based on the primacy of collective agreements. As the applicant was not a consulting party his application to have his dismissal declared invalid was refused by the Labour Court.