Steenkamp and Others v Edcon Limited [2016] ZACC 1 (22 January 2016)

Labour Relations Act 66 of 1995 — section 76(1)(b) — distinction between a terminated strike and a suspended strike — interpretation of “in response to a strike”.

National Prosecuting Authority Act 32 of 1998 — sections 12, 13(1) and 14(3) — Appointments in National Prosecuting Authority — Functus officio doctrine.

Employees’ posts declared redundant — inadequate consultation — employees required to apply for own positions unsuccessful — selection criteria — knowledge, skills and behaviour — compensation under section 189A(13)(d) can be standalone remedy — section 189A(18) does not exclude section 189A(13) jurisdiction of the Labour Court — reinstatement — compensation.

Section 34 of the Bill of Rights — Labour Court deciding case
without reference to answering affidavit — fundamental right
of access to courts infringed

Labour Relations Act 66 of 1995 – review in terms of
section 145(2)(b) – improper obtaining of award — to be
proved on balance of probability