CMH Luxury Motors (Lyndhurst) Pty Ltd t/a Lyndhurst Auto v MISA (JA65/14) [2015] ZALAC 27 (24 June 2015) per Landman JA [Waglay JP and Ndlovu JA concurring]

The Labour Appeal Court refused to condone the late filing of the appeal and in any event disallowed the appeal on the merits.  The employer failed to meaningfully inform the employee of the reason for terminating his employment based on operational requirements.  He was not in a position, nor given the time, nor the opportunity to suggest alternatives. This deficiency could not be cured at the trial.  The award of 12 months compensation was left undisturbed.