Dismissal Under the Guise of Operational Requirements

In the matter of LEKALAKE V EOH MTHOMBO (PTY) LTD [2025] JS895/19 LC, the Labour Court’s ruling highlighted the importance of fair retrenchment procedures in South Africa. The case involved a consultant who was dismissed in 2019 due to alleged operational requirements. However, the Court found the dismissal to be substantively unfair and ordered the employee’s reinstatement with…

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Absenteeism

n the matter of MURRAY AND ROBERTS CEMENTATION (PTY) LTD V AMCU OBO DUBE AND OTHERS (JA96 / 2022) [2023] ZALAC 26 (18 OCTOBER 2023), the complexities of workplace absenteeism and disciplinary procedures were highlighted. The employee, an artisan assistant electrician employed since 17 January 2018, was dismissed on 7 November 2019, following a disciplinary…

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