Judge allows Zoom retrenchments in 'new normal'

Retrenchments can take place over Zoom or other video conferencing facilities, the Johannesburg Labour Court has ruled in an application by the Food and Allied Workers Union against South African Breweries (SAB). This was in light of the 'new normal', Judge Graham Moshoana said in a judgment handed down in the urgent application, reports GroundUp. The union claimed that the ongoing section 189A consultation process, which began in January this year with face-to-face talks and continued using Zoom during the lockdown, was procedurally unfair. The union decided not to participate in the finalisation of the process, which resulted in a final organogram being drafted and termination notices being issued to affected employees. The judge referred to the 'irony' that the union’s application to the court was done via video conferencing. 'With the new normal, Zoom is an appropriate form of meetings taking place. It is a necessary tool to ensure restrictions like social distancing as a measure to avoid the spread of the virus are observed. There is nothing procedurally unfair if a consulting party suggests its use. The appointed facilitator, who possesses the powers to make a final and binding ruling on procedure, was not opposed to it.' Referring to technical glitches during the hearing, the judge said this did not make the use of such technology obsolete to the point of any form of unfairness. Moshoana said a party could not complain about procedural unfairness if, in open court, it rejected an offer to be consulted. Bowmans’ senior associate Yonela Sicam, who represented SAB, said the case was important for employers, employees and trade unions engaging in section 189 consultation processes where, due to extraordinary circumstances, face-to-face consultations were not possible.

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