IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JS1247/02
2003-02-13
In the matter between
M MOALAHI Applicant
and
CHUBB PROTECTIVE SERVICES (PTY) LIMITED Respondent
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J U D G M E N T
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LANDMAN J: This is an application brought by Mr Moalahi and
18 others against Chubb Protective Services (Pty) Limited.
Yesterday eight of the applicants appeared.
One of the applicants gave evidence relating to the
alleged unfair dismissal. It appears from his evidence that he
and his colleagues had been on strike. It is not clear whether
this was a protected or an unprotected strike, but that is not of
major consequence. The result of the strike, as he pointed
out, was that the employer lost some contracts and as a result
of that retrenchments occurred. These retrenchments were
preceded by consultation with a certain union and with other
persons, according to the letter which was handed in regarding
the notification of retrenchment. Severance pay was paid to
those selected for retrenchment.
I am unable to find on the facts which were placed before
me that the retrenchment was unfair. Consequently I am
unable to conclude that the dismissal was an unfair one and in
the circumstances I grant absolution from the instance.
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LANDMAN J
ON BEHALF OF THE APPLICANTS: NOT ON RECORD
ON BEHALF OF THE RESPONDENT:NOT ON RECORD