Tel: 011 646 4558 | Cell: 083 928 9484 | attorney@moni.co.za

Please note that Rand Water v Bracks NO and Others (2007) 28 ILJ 2231 (LC) has been overturned by Scheme Data Services (Pty) Ltd v Myhill NO and Others [2009] 4 BLLR 381 (LC)

Rand Water held that, in the event of a single retrenchment as envisaged in s 191(13) of the LRA, the CCMA had jurisdiction only to consider the substantive fairness (and not procedural fairness) of the retrenchment.

In Scheme Data Services, Commissioner Myhill arbitrated the dispute in its entirety.

He held that the employee’s retrenchment was both substantively and procedurally unfair. He awarded seven months’ remuneration as compensation.

The arbitration award was taken on review, it was argued that the commissioner committed an irregularity when he considered the procedural fairness of the employee’s retrenchment.

In Scheme Data Services, the Labour Court held that the decision in Rand Water is clearly wrong. The court accordingly rejected the argument in Rand Water that procedural issues are too complex to be determined by the CCMA and that only the Labour Court has jurisdiction over such matters.

The CCMA now has jurisdiction to determine an alleged substantive and procedurally unfair dismissal dispute for a single retrenchment.

Download (pdf file)

Contact Us

Return to top

Your Labour Law specialist - Experience Empowerment ©

Twitter Linked In Facebook

Home    About Us    Read Us    Contact Us

PAIA Manual | BEE Verification | Copyright © 2009 - 2018 Moni Attorneys Incorporated & OJB Web Development | Photo credits: Gerry Pelser, iStock

Legal Notice: The information contained herein is provided for general information purposes only. It does not constitute legal advice. Whilst we take reasonable steps to ensure the accuracy and integrity of information contained herein, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect or corrupted. We further accept no responsibility for any loss or damage that may arise from reliance on information contained herein.