Ledwaba v BP Southern Africa (Pty) Ltd (JS955/2011, JS54/2011) [2015] ZALCJHB 255 (12 August 2015) per Mooki AJ.
The Labour Court held that the employer failed to prove a fair reason to dismiss based on operational requirements and awarded nearly R500,000 in compensation. After restructuring its operations, including its human resources department, a new organisational organogram was adopted. Employees were invited to apply for the new positions. Her services were terminated on 30 April 2011 after being there since mid 2010. The dismissal was also regarded as procedurally unfair due to unfair selection criteria some of which were ‘implied’.