The hopes of thousands of retrenched workers have been dashed by the Constitutional Court.
A majority judgment has ruled that, just because the dismissals by the Edcon group in 2013 and 2014 were carried out in a way that contravened the Labour Relations Act, it did not mean that they were invalid.
The act stipulates that an employer undertaking large-scale retrenchments may give notice only 60 days after extending an invitation to consult on an impending retrenchment. Edcon, which employed almost 40 000 staff in 1300 retail outlets around the country, started restructuring during April 2013, and did not wait for the prescribed period before retrenching 3000 employees in 2013 and 2014.
About 1300 approached the court for reinstatement and backpay but their plea failed at the Labour Court last year and now also at the Constitutional Court.
The Labour Court has delivered conflicting judgments in the past on whether or not such dismissals are invalid.
The Concourt on Friday said the dismissals might be procedurally unfair but were not invalid.
Concourt rules dismissals unprocedural yet valid
A majority judgment has ruled that, just because the dismissals by the Edcon group in 2013 and 2014 were carried out in a way that contravened the Labour Relations Act, it did not mean that they were invalid.
The act stipulates that an employer undertaking large-scale retrenchments may give notice only 60 days after extending an invitation to consult on an impending retrenchment. Edcon, which employed almost 40 000 staff in 1300 retail outlets around the country, started restructuring during April 2013, and did not wait for the prescribed period before retrenching 3000 employees in 2013 and 2014.
About 1300 approached the court for reinstatement and backpay but their plea failed at the Labour Court last year and now also at the Constitutional Court.
The Labour Court has delivered conflicting judgments in the past on whether or not such dismissals are invalid.
The Concourt on Friday said the dismissals might be procedurally unfair but were not invalid.
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