Elliot International (Pty) Ltd v Veloo (DA12/11) [2014] ZALAC 36; [2014] 10 BLLR 955; (2015) 36 ILJ 422 (LAC) (23 July 2014) per Ndlovu JA [Molemela AJA and Sutherland AJA concurring]

Appeal disallowed and dismissals automatically unfair.  LAC summary: Respondents (employees) alleging they were dismissed for joining a union and, therefore, dismissals automatically unfair, ito s187 of LRA.  Alternatively, dismissals were non-compliant with s189.  Appellant (employer) denied that employees were dismissed – alleged that employees elected voluntary retrenchment.  Respondents refused to sign voluntary retrenchment agreement but banked money for retrenchment packages – no repayment or tender thereof.  Held: On the facts, inference could not be drawn that respondents elected voluntary retrenchment.

[1] The appellant, Elliot International (Pty) Ltd, conducts business in the furniture removal industry and has various branches established throughout the Republic.  The first and second respondents, Mr Moonsamy Veloo and his wife, Mrs Vinoda Veloo (collectively “the respondents”) were formerly employed by the appellant at the appellant’s branch located at Springfield Park, Durban, until their dismissal on 31 October 2004.  At the time of their dismissal they were earning R6 865,00 per month and R2 650,00 per month, respectively.