by Ivan Israelstam | Dec 6, 2016 | CCMA, Labour Law, Retrenchments
When an employer contemplates retrenching employees it must have a good reason for going through with such an idea. Reasons for retrenchment that are not acceptable include the employer’s personal dislike of the employee, a desire to replace the employee with a family...
by Ivan Israelstam | Mar 14, 2016 | CCMA, Corporate, Employees, Labour Law, Labour Law for Employers, Retrenchments
The Labour Relations Act of 1995 (LRA) makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices at private or statutory dispute resolution forums. Such disputes may, by agreement, be dealt with via private (non-statutory)...
by Ivan Israelstam | Feb 22, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, Unfair Dismissals
The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. For instance, it is not normally acceptable to use the procedure laid down for retrenchments in order to...
by Ivan Israelstam | Jan 11, 2016 | Employees, Labour Law, Labour Law for Employers, Retrenchments
It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following: The employer and employee might agree that, should the employee cease to be a shareholder or a director, his/her contract of...
by Ivan Israelstam | Dec 7, 2015 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, Unfair Dismissals
Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible. Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been given...
by Ivan Israelstam | Nov 2, 2015 | Corporate, Employees, Labour Law, Labour Law for Employers, Retrenchments, Tools
Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart...
