When dealing with a workplace issue, an employer should be
careful to identify the problem in question correctly so that the
appropriate steps are taken. Failing to do so could lead to
unnecessary or incorrect processes being followed, which could
expose the employer to claims of unlawful or unfair conduct.
In the recent South African decision of Zeda Car Leasing
(Pty) Ltd t/a Avis Fleet v Susan Margaret Van Wyk, the Labour
Appeal Court considered a situation where an employer dismissed an
employee due to operational requirements (ie, retrenched the
employee) where the primary problem was in fact a conflictual
relationship that existed between the employee and another
employee.
