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[2013] ZALCJHB 78
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South African Transport and Allied Workers Union and Others v de Bruin and van Jaarsveld t/a Pressed in Time Laundry (JS303/2011) [2013] ZALCJHB 78 (21 May 2013)
Not reportable
REPUBLIC OF
SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA,
IN JOHANNESBURG
JUDGMENT
case
no: JS 303/2011
In the matter between:
SOUTH AFRICAN TRANSPORT
AND ALLIED WORKERS UNION
Applicant
MOTINGOE AND 29 OTHERS
Second
and Further Applicants
and
G DE BRUIN AND IG VAN
JAARSVELD T/A PRESSED IN TIME LAUNDRY
Respondent
Heard: 05 September 2012
Delivered: 21 May 2013
Summary:
(Default judgment – unfair retrenchment)
JUDGMENT
LAGRANGE, J
Introduction
The second and further applicants in this matter were employed by
the joint owners of a bed business trading as Pressed in Time
Laundry until they were summarily retrenched 30 June 2009.
The applicants only filed their statement of case on 10 May 2011,
whereas they ought to have done so by 23rd of August 2010.
Consequently, they filed their statement of case just over eight
months late which is a considerable delay. The applicants seek
condonation for the late filing of their statement of case, which is
unopposed, as is their application for default judgement.
The applicants’ late filing of the statement of claim was
condoned by the honourable Van Niekerk, J on 9 February 2012.
The retrenchment occurred without warning on 30 June 2009 and on the
applicants’ version without any consultation being
taken prior
to the decision to close the business on the same day. The owners
state in a termination letter that they were closing
the business
because they were unable to run it profitably, though there was no
evidence of an operational justification before
the court and the
dismissals appear to have followed an altercation between employees
and management..
No consultation as envisaged in section 189 of the Labour Relations
Act 66 of 1995 ('the LRA') took place, nor was there any
advance
warning of the individual applicants’ retrenchment. Therefore,
the applicants’ retrenchment was undoubtedly
procedurally
unfair, and sometime compensation should be paid to them for this.
According to the letter of termination of the
applicants would only
receive an amount equal to half their June salary in addition to the
June salary owing to them.
Order
[6] In light of the above:
6.1. The dismissal of the second and further applicants by the joint
owners of the respondent, G De Bruin and IG Van Jaarsveld,
on 30 June
2009 was procedurally and substantively unfair.
6.2. G De Bruin and IG Van Jaarsveld trading as Pressed in Time
Laundry are jointly and severally liable to pay compensation
equivalent
to seven (7) months remuneration to each of the second to
further applicants, as set out in Table A, which payment must be made
within 30 days of receipt of this judgement.
6.3. G De Bruin and IG Van Jaarsveld trading as Pressed in Time
Laundry are jointly and severally liable to pay the second to further
applicants’ severance pay in the amounts, as set out in Table A
attached to this order, within 30 days of receipt of this
judgement.
6.4. G De Bruin and IG Van Jaarsveld trading as Pressed in Time
Laundry are jointly and severally liable to pay the applicants’
costs, the one paying the other to be absolved.
_______________________
R LAGRANGE, J
Judge of the Labour Court of South
Africa
APPEARANCES
APPLICANT: Ms N Hanif of Mitti Attorneys
RESPONDENT: No appearance
NO
NAME
POSITION
Date
of Employment
SALARY
Computation
of
salary
Severance
pay
Total
1.
MAKOBALO
K L
General
Worker
18/4/2002
1200
8400
2100
10
500
2.
SENYANE
V
General
Worker
1/3/2006
1200
8400
900
9300
3.
MOLETSE
S
General
Worker
4/8/2005
1500
10 500
1500
12000
4.
MOLETSE
R
General
Worker
16/4/2007
1000
7000
500
7500
5.
BOB
. L
General
Worker
2/2/2007
1000
7000
500
7500
6.
CHABANE
R
General
Worker
11/10/2006
950
6650
712
7362
7.
DIPHOLO
.E
General
Worker
10/1/2007
1000
7000
500
7500
8.
FINGER
B
General
Worker
1/11/2004
700
4900
875
5775
9.
KHASEMENE
T
General
Worker
1/12/2004
1200
8400
1500
9900
10.
LESEA
E
General
Worker
3/10/2007
900
6300
450
6750
11.
LETSABA
J
General
Worker
14/9/2007
900
6300
450
6750
12.
DUBE
E
General
Worker
3/10/2007
900
6300
450
9750
13.
MAYEKISO
E
General
Worker
4/3/2005
1000
7000
1000
8000
14.
MEKO
E
General
Worker
10/1/2007
1100
7700
550
8250
15.
MOKHESANG
E
General
Worker
14/9/2005
1000
7000
1000
8000
16.
MODISE
A
General
Worker
15/1/2007
900
6300
450
6750
17.
NXHOSANA
S
General
Worker
28/2/2008
900
6300
225
6525
18.
MOTSELAMADI
M
General
Worker
16/5/2005
800
5600
800
6400
19.
PHAMO
L
General
Worker
10/2/2006
900
6300
675
6975
20.
SEKATI
P
General
Worker
5/5/2005
1000
7000
1000
8000
21.
MPEOA
S
General
Worker
15/10/2008
800
5600
200
5800
22.
NKETSI
M
General
Worker
14/6/2008
1000
7000
250
7250
23.
SEKONYELA
J
General
Worker
10/1/2007
1000
7000
500
7500
24.
TITI
M
General
Worker
7/3/2007
800
5600
400
6000
25.
LUTLO
C
General
Worker
13/9/2007
900
6300
450
6750
26.
MOTINGOE
J
Driver
10/9/2005
3301
23 107
3301
26
408
27.
MOTINGOE
B
Supervisor
1/6/2004
5126
35 882
6407.50
42 289.50
28.
BIKWANE
N
Driver
1/3/2006
3461
24 227
2595.75
26 822.75
29.
BEN
Driver
10/1/2007
2420
16 940
1210
17
700
30.
MOKEKI
F
General
Worker
1/6/2008
1000
7000
250
7250
GRAND TOTAL R313 257.25