SUMMARY Richard Mvubu, the Applicant (“Employee”), was permanently employed by Pharmaceutical Contractor (Pty) Ltd, the Respondent (“Employer”). The Employee was employed to work the night shift in the manufacturing and granualtion unit of the Employer. Following an attempted armed robbery with a demand for ransom at the Employer’s premises, the Employer initiated retrenchment proceedings in
SUMMARY The factual context from which this judgment arises concerns the substantive fairness of a retrenchment dispute. In this action, Mark Anthony Sampson (“the Employee”) challenged the substantive fairness of his dismissal, asserting that it was not effected in accordance with section 189 of the LRA.     Truvelo Manufacturers (Pty) Ltd (the “Employer”) commenced
SUMMARY The Applicant (the “Employee”) was employed as a Project Manager by the Second Respondent (the “Employer”). The Employee brought an application to the Labour Court on the basis of unfair retrenchment on both procedural and substantive grounds. Within 6 (Six) months of commencing employment, the Employer noticed that the Employee lacked a critical and
SUMMARY The factual context from which this judgment arises concerns the procedural fairness of a retrenchment dispute. The matter pivoted on the applicability of S189A of the Labour Relations Act No. 66 of 1995 (“LRA”), Mr. Wessel Enslin (“the Employee”) disputed the provisions applicability, whereas Lonmin Platinum Comprising Western Platinum Limited (“the Employer”) contended the
SUMMARY The factual matrix from which this judgment arises concerns a retrenchment dispute. The matter pivoting on the consultation process adopted by Oyster Box Hotel (Pty) Ltd (the “Employer”), SACCAWU obo Bongumusa Mvuyana (the “Trade Union”) disputing the Employer’s compliance with the consultation process stipulated in S189(2) of the Labour Relations Act No. 66 of