2.
Procedure-Information on redundancy-consultation
Facts
The applicant was employed on 1 June 2000. He was dismissed on 25 February 2002. The reason for dismissal was redundancy. The court
heard that the applicant was on the material day invited by a Secretary who handed him a letter of termination. The reason for the
termination was redundancy. The applicant was surprised as until this time he was not aware of any redundancy process. He was never
invited to be informed about the redundancy. He was never consulted on why his position was declared redundant. The respondent was
not able to show court what necessitated the redundancy. He attributed the redundancy to general low productivity without elaborating.
He did not have any records of the process leading to the redundancy. He admitted that the applicant was informed of the redundancy
through the letter of termination.
The Law
An employer is entitled to terminate services of its employees due to operational requirements of the enterprise, see section 57(1)
Employment Act. In this case the respondent failed to prove on a balance of probabilities that the reason for the termination of
the applicant’s employment was due to redundancy. This is not a valid reason as it was not substantiated. The process leading
to the termination was unfair.
Finding
The respondent violated the applicant’s right to fair labour practice. The termination was unfair. A date shall be set down
to assess an appropriate remedy.
Any party aggrieved by this decision has the right of appeal to the High Court within 30 days of this decision. Appeal lies only on
matters of law and jurisdiction and not facts: Section 65 (2) of the Labour Relations Act.
.RTF of original document