Satawu obo Dube v Fidelity Supercare Cleaning Services Group (Pty) Ltd (JS 879 / 10) [2015] ZALCJHB 129 ; [2015] 8 BLLR 837 ; (2015) 36 ILJ 1923; [2015] JOL 33144  (LC) (17 April 2015) per Mosime AJ

The Labour Court held that the reason for the employee’s dismissal was based on the operational requirements of the labour broker.  The Wits contract was cancelled.  The labour broker offered the employee an alternative which she refused to consider.  This meant that the employee could have avoided her own dismissal by applying for a position as supervisor on the new Wits contract.  It also meant that the issue of procedural fairness was of no  consequence and any right to severance pay was also forfeited.  All references to the recent amendments did not have anything to do with the issue in dispute as it related to events in December 2009.