Duverge: meaningful consultation in retrenchment
A two-page MS Inc. case note on the Labour Court’s findings about consultation, selection criteria and statutory payments in a retrenchment.
Held
The case note reports that the employer’s approach to consultation and refusal to consider alternatives contributed to findings of procedural and substantive unfairness.
The firm’s case note discusses Duverge v Spanish Farm Guest Lodge CC t/a Sky Villa Boutique Hotel, delivered on 11 April 2025. It focuses on the duty to conduct meaningful joint consultation under section 189 of the Labour Relations Act, the consideration of bumping and selection criteria, and outstanding statutory payments.
The original two-page document shared by Zola Mcaciso and reposted by Gavin Stansfield is available in the reader below.
This summary is general commentary on a decision of public record. It does not constitute legal advice, no attorney-client relationship arises from it, and nothing in it should be read as an indication of the outcome of any other matter. Please contact us if you require advice on a particular matter.
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MS Inc. case note (2 pages)
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