Throughout the white of your take a look at more than, I’ve found you to definitely Dube was in fact overlooked by the respondent and you will you to definitely this lady dismissal might be in accordance with the respondent’s functional criteria
In the event that respondent felt the newest choice, and you will the possibility available to this lady, Dube never ever applied for a position within the the fresh new Wits price and you will rather found and you will pursued a handicap work with. I’ve found you to definitely Dube could have eliminated her own dismissal because of the making an application for a position as the supervisor toward this new Wits offer. In connection with this, the newest undisputed proof of Croukamp is actually that when Dube got used having a position, Croukamp would have given their the right position. Actually, Croukamp pursued Dube to find out more why Dube had not removed the right position, and it also was then one Dube indicated the woman desire to seek a handicap work for.
From the vital factors, the challenge out of proceeding fairness is basically away from no effects, as the respondent failed to need to dismiss Dube also it try within her own power to stop the girl dismissal
For the Fidelity Springbok Shelter Attributes (Pty) Ltd v SATAWU obo Chabalala and you may 7 Anybody else new Judge said the following, especially speaing frankly about an offer off option a career in the context out-of an allegation from unfair retrenchment:
‘ . the fresh new dismissed group did not undertake that it give. Whenever they got accepted they, the newest dismissed personnel lack already been overlooked so there perform was in fact no-claim having unfair dismissal… Though there is going to have been unfairness in the way when you look at the that your appellant treated this new appointment process or people part of the matter prior to that offer, such as for instance unfairness have no held it’s place in question if they acknowledged work offer’.
Elements in determination of entitlement so you’re able to severance pay was basically looked after for the Freshmark (Pty) Ltd v Percentage getting Conciliation, Mediation and you will Arbitration while some . Brand new Judge told you the following, and this proportion normally applied inside matter:
‘… . an employee which unreasonably refuses a deal of alternative employment is actually perhaps not without blame. They have themselves at fault in the event that he after that finds themselves in place of employment and, hence, cannot have earned to be handled on a single base because the the new personnel who discovers themselves rather than a career due to no fault for the his region …. Where workplace offers to still apply brand new worker – whether in identical condition however, for the additional words otherwise towards an identical conditions however in a special condition or perhaps in new same condition as well as on the same terms and conditions in a different lay, that is still option employment. It’s a deal out-of an alternative offer out of employment’.
The latest decisions in Enjoyment Catering Industrial and you will Allied Experts Relationship from SA although some v Shoprite Checkers t/a ok Krugersdorp ; Toxins Gurus Commercial Commitment and others v Exudate Surgical Factors (Pty) Ltd ; and you will Schatz v Elliott In the world (Pty) Ltd and Anothe r most of the aids a viewpoint that an employee considering a practical replacement an excellent dismissal, but does not want to bring it, do not whine the termination from their/the girl a position to possess operational causes is actually unfair. Dube could have applied for a position with the brand new Wits contract; she are especially asked to help you, and should not has needed a disability benefit, to ensure that people allege out-of unfair dismissal of the the lady so you’re able to have material. With out done so, it is not as opposed to efforts to acquire any reason to think that the woman dismissal was unfair.
You will find reasonable proof exhibiting the respondent curved backwardly for the this situation so as many employees that one can perform score taken up the fresh offer. Dube try consulted towards several times, whenever she showed that she’d as an alternative follow the newest handicap channel, the latest respondent nevertheless aided her in that regard. I’m satisfied that the respondent acted prudently and you may quite inside the latest things.