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Khanyile and Others v Air Chefs (Pty) Ltd (JS 805/04) [2015] ZALCJHB 238

Khanyile and Others v Air Chefs (Pty) Ltd (JS 805/04) [2015] ZALCJHB 238
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7th August 2015

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  • Khanyile and Others v Air Chefs (Pty) Ltd (JS 805/04) [2015] ZALCJHB 238
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Introduction:

[1] The applicants brought this matter before this Court by way of a statement of claim to challenge the procedural and substantive fairness of their retrenchment by the respondent, which took effect from 31 July 2004.

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[2] The applicants’ main contention is that there was in general, no reason to retrench as the respondent was not in financial difficulties, and further since their positions were immediately replaced once they were retrenched. In response to these allegations, the respondent’s case is that there was a need to retrench due to increased demands for its in-flight services quality standard, systems and procedures in its Johannesburg unit. Accordingly, the unit under which the applicants fell had to be outsourced.

[3] The applicants further contend that there were no proper consultations held with them or their union, UPUSA. The respondent disputes these allegations, and contends that the applicants and UPUSA were invited to consultations, and that the latter had essentially refused to cooperate or participate meaningfully in the consultation process.

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[4] The dismissal took place in July 2004. It is not clear as to the reason it took this matter this long to be finally determined. What is however apparent from the file is that there was an application for condonation in respect of the respondent’s late filing of its response, which was  considered and granted on 29 November 2005. Thereafter there were further delays consequent upon numerous removals from the roll and a postponement.

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