The employer had a legitimate need to retrench. Granting the interdict had the effect of delaying the retrenchment until the initial case was heard. As labour court cases are notorious for the extended periods over which they take place, the retrenchment would have been inordinately delayed to the great cost of the employer.
The interdict should therefore not have bene granted and the employee should have been referred to the LRA’s normal provisions providing recourse for unfair retrenchments or demotions.
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