Sneller Verbatim/MS
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JS204/02
2003-02-05
In the matter between
1st Applicant
2nd Applicant
and
MOREMI INDUSTRIAL CLEANING
SERVICES CC Respondent
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J U D G M E N T
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REVELAS, J:
1. The services of the first and second applicants were
terminated for the ostensible operational requirements of
the respondent, who has elected not to oppose this
matter, despite the fact that there are several notices
being served on it.
2. The respondent, as the employer, has the onus of proving
that the dismissal was for a fair reason and that it had
complied with the provisions of section 189, of the
Labour Relations Act 66, of 1995 as amended ("the Act").
On the evidence presented by Mr Madumo, the first
applicant in this matter, it is apparent that no fair
procedure was followed. Futher in the absence of the
respondent, it was also not proved that there was fair
reason for the dismissal.
3. I therefore find that the dismissal of the first and
second applicants is both procedurally and substantively
unfair.
4. In the circumstances I make an order to the effect that:
1. The dismissal of the first and second respondent, on 30
April 2001, was both procedurally and substantively
unfair.
2. The respondent is to reinstate the first and second
applicants, on terms and conditions no less favourable
to them than those that would applied, were it not for
the unfair dismissals. The reinstatement is to be with
retrospective effect. The amount of backpay may not
exceed 12 months remuneration.
3. The respondent is to pay the applicant's costs in this
matter.
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E. Revelas