Section 213 defines “operational requirements” as concerning “requirements based on the economic, technological, structural or similar needs of an employer”.  It is accepted that economic needs of an employer include financial needs which may result in an employer not being able to afford the salaries of employees.   This may occur to an employer who does not conduct a business but employs domestic employees, who for that reason would be dismissed for operational requirements of that employer.

Acting justice Leeuw in Stratford v Investec Bank Limited (CCT 62/14) [2014] ZACC 38; 2015 (3) BCLR 358 (CC) (19 December 2014) at para 28.