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IOL Business reports that a Covid-related retrenchment of child minders at a Tsogo Sun Casino has been found, mostly, to have been done in all fairness.
The Labour Appeal Court found that the dismissals of three crèche attendants from Emnotweni Casino were largely fair, except in respect of one employee, Nonhlanhla Mavuso, whose dismissal was deemed procedurally unfair. She is to receive three months’ remuneration. The crèche shut during lockdown in March 2020. Although the casino reopened in July, the childcare service stayed closed. Tsogo Sun continued paying benefits, then 18 months later issued retrenchment notices, stating the service was unlikely to resume. Consultations ran from late September to mid-November 2021. Tsogo Sun reviewed the proposals received, but concluded that most were not feasible given the ongoing impact of Covid-19 on its operations. A voluntary severance package was offered on 18 October 2021, but only one employee accepted it. The remaining three employees, who rejected the package, were formally dismissed on 17 November 2021.
The Labour Court that initially dealt with the matter had found the process had been predetermined and alternatives rejected too quickly – effectively a tick box exercise by Tsogo Sun. Tsogo Sun argued on appeal that it was unaware the workers had union representation. The exception was Mavuso, who claimed procedural unfairness because her union was not consulted after she had engaged them. In determining fairness, the court noted that the affected parties were allowed to make use of outside consultation, yet chose not to do so. Tsogo Sun’s appeal was upheld in part. Only Mavuso was entitled to compensation; the other two crèche attendants’ dismissals were held to be substantively and procedurally fair.
- Read the full original of the report in the above regard by Nicola Mawson at IOL Business
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