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Can an employee be retrenched if the job still exists in another form?

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Can an employee be retrenched if the job still exists in another form?

When an employee is retrenched but their responsibilities are simply redistributed, can they argue that the position was not genuinely redundant? What if they believe that the employer failed to consider alternatives such as bumping or transferring them to another role? These questions were recently addressed by the Labour Court in De Weijer v Babcock Africa Services (Pty) Ltd (JS195/21) [2025] ZALCJHB 193 (19 May 2025).

17 Jun 2025 1 min read Employment Law Alert Article

At a glance

  • In De Weijer v Babcock Africa Services (Pty) Ltd (JS195/21) [2025] ZALCJHB 193 (19 May 2025) the Labour Court addressed the issue of when a position is genuinely redundant.
  • In this matter, the court found the retrenchment to be both procedurally and substantively fair.
  • However, the court found in the employee’s favour with regard to his claim that he was underpaid his severance pay.

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