The LC found that the procedure adopted by the employer was unfair but only awarded nominal compensation equal to one month’s salary. It was not disputed that there was a valid and fair reason to dismiss based on operational requirements. A number of factors were considered including the status of the employee and his breach of a restraint.
Solidarity obo VE v Sirius Risk Management (Pty) Ltd (J1610/12) [2015] ZALCJHB 304; [2015] JOL 34138; (2015) 36 ILJ 3175 (LC) (20 August 2015) per Ngcukaitobi AJ.