Results for retrenchment procedure

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Covid-19 is no excuse for unfair dismissals
Covid-19 is no excuse for unfair dismissalsArticle

The pandemic brought with it a slew of realisations for business owners; one such an epiphany is how most organisations need fewer employees to remain functional. But using Covid-19 as a reason for retrenching a surplus of employees constitutes unfair dismissal...

10 Sep 2020

How the CCMA has adopted to digital platforms
How the CCMA has adopted to digital platformsArticle

On or about 8 May 2020, the Director of the Commission for Conciliation, Mediation and Arbitration (CCMA) issued an Urgent Directive in respect of access to the CCMA (the Directive)...

Michiel Heyns and Jacques van Wyk 23 Jul 2020

New platform to assist the recently unemployed
New platform to assist the recently unemployedArticle

Covid-19 lockdown measures have forced many South African companies to make major cutbacks and initiate retrenchment procedures. And as more people enter the job market, 21st Century is partnering with I Got Hired, a global employability and retrenchment platform, to make the job-hunting process easier...

25 Jun 2020

Alternatives to dismissal - contemplating retrenchments post Covid-19
Alternatives to dismissal - contemplating retrenchments post Covid-19Article

The issue of when an employer should explore alternatives to retrenchment has never been more relevant than now, as businesses begin to respond to the impacts of Covid-19 on their operations...

Johan Botes 15 Jun 2020

Can you use Zoom for retrenchment consultations?
Can you use Zoom for retrenchment consultations?Article

In Food and Allied Workers Union (Fawu) v South African Breweries (SAB), the Labour Court ruled on the issue of the utilisation of Zoom or other similar facilities for retrenchment consultations...

Jonathan Goldberg and Grant Wilkinson 2 Jun 2020

SAA retrenchment process heads to Labour Appeal Court
SAA retrenchment process heads to Labour Appeal CourtArticle

On Friday 8 May 2020, Labour Court Judge Andre van Niekerk delivered a devastating blow to the national airline's "premature" retrenchment process, which is set out to affect at least 5,000 employees...

Malesela Letwaba 27 May 2020

Numsa vs SAA - death knell to successful business rescue?
Numsa vs SAA - death knell to successful business rescue?Article

On Friday, 8 May 2020, the Labour Court upheld an urgent application by Numsa and the SA Cabin Crew Association (the Unions) against South African Airways (SAA) and its business rescue practitioners (BRPs) and ordered that it was procedurally unfair to retrench employees before a business rescue plan contemplating such retrenchments was published and adopted...

Wessel Badenhorst and Chris Rey 11 May 2020

Demotion as an alternative to retrenchment during Covid-19 outbreak
Demotion as an alternative to retrenchment during Covid-19 outbreakArticle

As a consequence of the Covid-19 coronavirus pandemic, there are a number of labour law considerations that South African businesses will have to consider...

Kayla Shadiack 25 Mar 2020

Technical recession puts further pressure on employment
Technical recession puts further pressure on employmentArticle

Having recently slipped into a technical recession, the South African economy continues to experience dangerously low levels of economic growth, which does not bode well for national employment figures...

6 Mar 2020

ConCourt rules on procedural fairness of minority union retrenchments without consultation
ConCourt rules on procedural fairness of minority union retrenchments without consultationArticle

On Thursday, the Constitutional Court delivered judgment in the case of Association of Mine Workers and Construction Union and Others v Royal Bafokeng Platinum Mine Limited and Others. In this matter, the constitutionality of Section 189(1) of the Labour Relations Act (LRA) was debated...

27 Jan 2020

Retrenchment is not an opportunity to eliminate dead wood
Retrenchment is not an opportunity to eliminate dead woodArticle

With the unemployment rate of economically active South Africans once again rising, and media reports filled with job cuts across industry sectors, companies need to be cognisant of any potential retrenchment mistakes to avoid...

5 Aug 2019

Business transfer dismissal not always automatically unfair
Business transfer dismissal not always automatically unfairArticle

In the recent case of Willem Hendrik du Plessis v AMIC Trading, the employee referred a matter to the Labour Court seeking an order declaring his dismissal by the employer automatically unfair...

Fiona Leppan and Stephan Venter 23 Jun 2017

Introduction of short time cannot be implemented unilaterally
Introduction of short time cannot be implemented unilaterallyArticle

The case of the Independent Commercial Hospitality and Allied Workers Union and others v CCMA and others (2015) has ruled that a change in employees' terms and conditions of employment, such as the introduction of short time, may not be done unilaterally...

Jacques V. Wyk, Andre V. Heerden, Brittany Feldman 9 Oct 2015

Labour Relations Act cases on automatic terminations, retrenchment
Labour Relations Act cases on automatic terminations, retrenchmentArticle

Two cases have found against employers in recent judgements - one on automatic terminations and the other on cost-to-company and overstaffing as a reason for retrenchment...

Fiona Leppan and Bheki Nhlapo 18 Sep 2015

CCMA rules on interpretation of deeming provision in Labour Relations Act
CCMA rules on interpretation of deeming provision in Labour Relations ActArticle

In a ruling handed down by the CCMA on 29 June 2015, the commissioner ruled on the interpretation of the "deemed employment" provision contained within the Labour Relations (LRA)...

30 Jun 2015

Implications of loadshedding for employers
Implications of loadshedding for employersArticle

The recent announcement of the implementation of loadshedding throughout the country may have severe implications for business and labour relations...

Jacques van Wyk and Michiel Heyns 13 May 2015

Judgment reserved in Amplats case
Judgment reserved in Amplats caseArticle

Judgment was reserved by the Labour Court on Tuesday (1 October) in an application against Anglo American Platinum's (Amplats) retrenchment procedures.

2 Oct 2013

Broadcaster's bid to fire journalists failsArticle

Zimbabwe's Retrenchment Board has ruled against the state-owned Zimbabwe Broadcasting Holdings' (ZBH) bid to retrench six of its journalists who were suspended in June 2008 on allegations of "acting in a manner inconsistent with the fulfillment of the implied conditions" of their contracts.

21 Jan 2009

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