Almazest (Pty) Ltd v Alexander NO (P03/2013) [2015] ZALCPE 33 (14 May 2015) per Lagrange J.
The Labour Court refused to review and set aside an award of severance pay. A business had been transferred as a going concern and within 12 months the new employer contemplated dismissal but purported to offer suitable alternative employment. In these circumstances section 197(7) of the LRA imposes joint and several liability for severance pay on both the old and new employers. There was no need to join the old employer. The employee was expected to agree to an effective 45% reduction in remuneration. The employee’s refusal to agree was not unreasonable and he had every right to enforce his right to severance pay in terms of s 41 of the BCEA.