25th Nov 2020

Dismissed for Refusing Change

Can Employees be dismissed for operational requirements when they have refused to accept a change to terms and conditions of employment?   This question has been answered by the Constitutional Court in the recent judgment in National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (a division of Aveng Africa (Pty) Ltd) and Another 2020 ZACC 23.   Aveng experienced economic difficulties during 2014 and entered into lengthy consultations with its employees (through NUMSA) regarding possible retrenchments. During the consultation process, Aveng offered affected employees revised […]