Sacawu obo Bheki v Entabeni Private Game Lodge (Pty) Ltd (JS1079/12) [2015] ZALCJHB 410 (18 November 2015) per Tlhotlhalemaje AJ at para [36].
It therefore follows from the above that there is no merit in the contention that the retrenchments were in retaliation of the employees’ participation in the strike action. It is accepted that the process of wage negotiations with a view of ending the strike became intertwined with the retrenchment process when notices were issued on 2 May 2012. Inasmuch as it was important for the employees and the union to find a solution to the wage demands, it was equally important for the Respondent to take measures to ensure its survival. Given its financial position as at the end of the strike action, the Respondent was within its rights to proceed with the finalisation of the retrenchment process, and the mere fact that the two processes coincided does not imply mala fides on the part of the Respondent.