Although the decision in Abrahams v Drake & Scull Facilities Management (SA) (Pty) Ltd (LC1105/10 dated 11 November 2011) relates to a unilateral change to terms and conditions of employment, it suggests that an employer can either retrench an employee in terms of section 189 or lock out an individual employee if the employee refuses to accept a demand on a matter of mutual interest. Therefore I think that Section 187(1)(c) would apply to an individual employee.
Ingrid Devilliers
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