Abstract

Economic transformation requires employers to adapt continually, which may result in dismissals for operational requirements. Such dismissals may extend beyond financial survival to include goals of profitability, competitiveness, and institutional sustainability. In Khan v Durban University of Technology, the applicant was retrenched after failing to meet a new minimum qualification standard, which the Durban University of Technology argued was essential to remain competitive, attractive, and financially sustainable. The Labour Court upheld the dismissal, and confirmed that operational requirements can include not only survival but also competitiveness and profitability. The judgment reinforces that retrenchments can be fair when changes to employment terms are justified by genuine operational needs.