LAC summary: Dismissal for operational requirements- Agreed selection criteria- Employee contending that agreed selection criteria not properly applied, the criteria applied unfair and not objective- Labour Court finding that selection criteria fair and objective- Appeal – Respondent failing to show that the agreed selection criteria for retrenchment was fair, objective and was fairly applied.  Respondent failing to consider and apply bumping as part of LIFO.  Dismissal for operational requirements substantively unfair.

Mtshali v Bell Equipment (DA16/12) [2014] ZALAC 37 (22 July 2014)

CORAM:        Tlaletsi ADJP, Dlodlo et Mokgoatlheng AJJA

Date Delivered:       22 July 2014

Appeal allowed with costs and Labour Court judgment set aside.

 [1] This is an appeal against the order of the Labour Court (Van Voore AJ) in an alleged automatically unfair dismissal dispute alternatively, an alleged unfair dismissal dispute referred to that court by the appellant against his former employer, the respondent.  The respondent contended that the appellant’s dismissal was due to the respondent’s operational requirements and was fair.  The appellant did not challenge the procedural fairness of his dismissal.  The Labour Court dismissed the appellant’s claim of automatically unfair dismissal, found that the appellant’s dismissal was substantively fair and ordered the appellant to pay the respondent’s costs.  The appellant is in this Court with leave of the court below.