The LAC disallowed the employer’s appeal and upheld the finding of unfair mass dismissal and retrospective reinstatement of 55 employees made by Prinsloo AJ in the Labour Court. The employer intended to relocate its business but additional traveling expenses would be incurred.  Tawusa proposed payment of extra traveling expenses or dismissing the employees for a reason based on operational requirements.  The dismissals were clearly unfair because the union’s proposal was not a serious offer that was capable of being accepted.  The employer acted opportunistically and failed in its attempt to snatch at a bargain.

RP Logistix (Pty) Ltd v Tawusa (JA48/14) [2016] ZALAC 7 (4 March 2016) per Landman JA (Sutherland JA and Mngqibisa-Thusi AJA concurring)