Numsa obo 733 members v Aveng Trident Steel (Aveng Africa) (Pty) Ltd (J864/15) [2015] ZALCJHB 155 (21 May 2015) per Steenkamp J.
The Labour Court declined to reinstate the employees, pending the outcome of a ‘fair’ procedure, who had been dismissed for reasons based on operational requirements. Steenkamp J confirmed that a trade union alleging procedural unfairness in a large scale retrenchment governed by section 189A must apply to the Labour Court in terms of s 189A(13) within 30 days after the employer has notified the employees of the dismissal. Although Numsa did just that there were significant disputes of fact but they could all be resolved on the court papers. Steenkamp J found that the dismissals on 24 April 2015 were effected after a full and extensive consultation process initiated in May 2014. The consultation process did not lead to the desired outcome but it was fair and Numsa was not entitled to the relief it sought.