Results for retrenchment policies

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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

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

Difference between demand and proposal when trying to save jobs
Difference between demand and proposal when trying to save jobsArticle

The Labour Appeal Court recently handed down judgment in the case of Numsa and others v Aveng Trident Steel and another (2019). The LAC confirmed that Aveng did not breach the Labour Relations Act when it terminated employees for refusing to accept its proposal relating to new terms and conditions of employment, due to redundancy...

Tiisetso Rabolao and Julia Olley 16 Oct 2019

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

ConCourt ruling and what Woolies could have done differently
ConCourt ruling and what Woolies could have done differentlyArticle

The Constitutional Court judgement in the Woolworths matter acts as a warning to companies looking to restructure their workforce...

Jonathan Goldberg 8 Nov 2018

How far can a company slash wages and benefits to maximise profits? ConCourt will decide
How far can a company slash wages and benefits to maximise profits? ConCourt will decideArticle

The Constitutional Court recently heard a case which will determine the extent to which an employer is allowed to slash salaries and benefits in order to maximise profits and to dismiss employees who refuse the change in work conditions...

Mluleki Marongo 20 Jun 2018

Unfair dismissals vs dismissals for operational requirements
Unfair dismissals vs dismissals for operational requirementsArticle

When an employer dismisses employees for operational requirements, it must prove the dismissal was not in order to compel them to accept a demand of mutual interest...

Jacques van Wyk and Andre van Heerden 8 Mar 2018

Can employers embark on redeployment before retrenchment processes commence?
Can employers embark on redeployment before retrenchment processes commence?Article

The recent case of ArcelorMittal South Africa Limited v NUMSA, unpacked what is meant by avoiding job losses indicating a possible change in section 189 requirements...

Samantha Bonato and Aadil Patel 25 May 2017

Is South Africa lagging behind in supportive retrenchment policies?
Is South Africa lagging behind in supportive retrenchment policies?Article

Internationally, 'outplacement' has been benefiting corporates and their staff for over 30 years, yet in South Africa it seems that only a handful of companies are familiar with this aspect of best practice...

Harsha Gordhan 9 Apr 2015

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