by Ivan Israelstam | Aug 30, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The CCMA and Labour Court are wise to employers who misuse retrenchments in order to get rid of employees who they do not want. Due to this and the dire consequences of such misuse, employers should consider the retrenchment route only when there is a genuine...
by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law for Employers, Labour Relations Act, Retrenchments
Africa Business Radio Podcast When an employer contemplates retrenching employees it is required by the Labour Relations Act (LRA) to first consult about this prospect before making any decision to retrench. Where the relevant employees belong to a trade union the...
by Ivan Israelstam | May 7, 2017 | CCMA, Labour Law for Employers, Retrenchments, Unfair Dismissals
The current international and South African climate is causing a large number of companies to experience severe financial difficulties. Customer orders are waning, budgets are being cut, profits are dwindling, cash flows are tightening and it is becoming increasingly...
by Ivan Israelstam | May 7, 2017 | CCMA, Labour Law, Labour Law for Employers, Retrenchments
Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the dispute. However, the amendments gave jurisdiction to the CCMA and...
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)...
