This matter concerns the unfortunate reality of retrenchments, where a company chooses to dismiss a portion of its workforce in order to remain economically viable or competitive. This process often occurs unexpectedly. It typically has the destructive effect of leaving certain employees jobless through no fault of their own. That is precisely what happened in this case. A platinum mine operated by Royal Bafokeng Platinum Limited (respondent) decided to retrench 103 of its employees, some of whom were members of the Association of Mineworkers and Construction Union (AMCU), including the second to further applicants in this matter (applicants).
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Association of Mineworkers and Construction and Others v Royal Bafokeng Platinum Limited and Others (CCT181/18)  ZACC 1