Results for retrenchment procedure

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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

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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