RetrenchmentTermination on noticeUnfair dismissalSection 12BTransfer of undertaking
Tags
Transfer of undertakingTermination on noticeSection 12B Labour Act
legislation
Statutes Cited
Labour Act
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the Labour Court erred in upholding termination on notice instead of finding unfair dismissal","issue_type":"law","dispositive":"no","related_facts":"Termination on notice effective 1 June 2012"}
{"issue_text":"Whether Section 12(4) provides for termination on notice contrary to Section 12B","issue_type":"law","dispositive":"no","related_facts":"Termination not pursuant to disciplinary proceedings"}
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background
Facts of the Case
Background
Applicants were employed by BP Shell which sold its services to respondent. After declining voluntary retrenchment, respondent served compulsory retrenchment notice and later terminated employment on notice. Arbitrator ruled this was unfair dismissal under Section 12B, but Labour Court found Section 12(4) applicable.
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