Sampson v Truvelo Manufacturers (Pty) Ltd (J 1483/17) [2019] ZALCJHB 81 (18 April 2019).

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
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Lotz v Mehleketo Resourcing (Pty) Ltd and Another (C 424/18) [2019] ZALCCT (9April 2019)

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
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Enslin v Lonmin Platinum Comprising Western Platinum Limited (JS1166/13) [2018] ZALCJHB 292 (20 September 2018)

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
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SACCAWU obo Bongumusa Mvuyana and 14 Others V Oyster Box Hotel (Pty) Ltd (2018) D711/07 (LC)

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
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