On the light of your consider more than, I have found you to Dube was in fact overlooked by the respondent and you will one her dismissal might possibly be based on the respondent’s working criteria

If respondent considered the fresh new alternatives, and the possibility offered to the girl, Dube never applied for a posture according to the the fresh Wits price and you will instead sought for and you may pursued a handicap work with. I’ve found that Dube possess prevented her own dismissal by applying for a situation once the manager into the the fresh new Wits contract. In this regard, the brand new undeniable proof of Croukamp are that if Dube had applied having a posture, Croukamp could have offered the lady the right position. Actually, Croukamp pursued Dube to enquire why Dube hadn’t removed a posture, and it was then one Dube expressed her wish to search a handicap work for.

From all of these vital considerations, the problem out of procedural equity is simply regarding zero issues, as respondent didn’t need certainly to disregard Dube and it are inside her own power to end the girl dismissal

In Fidelity Springbok Coverage Qualities (Pty) Ltd v SATAWU obo Chabalala and you may eight Other people this new Court said next, particularly talking about an offer from alternative work throughout the perspective regarding an enthusiastic allegation off unjust retrenchment:

‘ . the new dismissed employees did not undertake this offer. If they got acknowledged they, the disregarded personnel don’t have already been disregarded and there would was basically no claim getting unfair dismissal… Even though there will probably were unfairness in how inside that your appellant managed brand new session processes or people element of the condition before offering, such as for instance unfairness would not have been in matter once they accepted the work offer’.

The standards when you look at the dedication of your own entitlement so you can severance spend was basically dealt with inside Freshmark (Pty) Ltd v Commission having Conciliation, Mediation and you may Arbitration while others . The newest Court told you the second, and therefore proportion is applied inside matter:

‘… . a worker just who unreasonably refuses an offer from solution a job are maybe not instead of fault. They have themselves at fault if the the guy subsequently discovers themselves versus a career and you can, therefore, does not More about the author are entitled to become addressed on a single basis since the staff exactly who discovers themselves instead of a career on account of no-fault towards the his part …. Where in fact the company offers to consistently use the personnel – if or not in identical status however, on more words or on the the same terminology in a separate condition or perhaps in the fresh same standing as well as on a comparable terms and conditions but in another place, which is nonetheless option employment. It is an offer out of an option price off employment’.

The latest behavior from inside the Amusement Catering Commercial and you will Allied Professionals Partnership regarding SA and others v Shoprite Checkers t/a-ok Krugersdorp ; Toxins Professionals Industrial Relationship although some v Exudate Medical Items (Pty) Ltd ; and Schatz v Elliott Internationally (Pty) Ltd and you will Anothe r the supporting a perspective that a worker given a practical replacement good dismissal, however, does not want to take it, dont complain that cancellation from their/this lady work to own operational explanations is unjust. Dube have removed a position with the the latest Wits contract; she was especially requested to, and should not possess needed an impairment work with, to ensure one claim out-of unfair dismissal by the her in order to have substance. Without done this, it is not in the place of efforts locate any excuse to think one to her dismissal are unjust.

You will find good-sized evidence appearing that the respondent curved backwardly within the this case in order that as numerous professionals you could create score taken up the newest package. Dube is consulted toward multiple period, and if she showed that she’d as an alternative realize the latest impairment route, the newest respondent nevertheless assisted the lady because value. I am found that the respondent acted prudently and you can fairly during the the new things.