BE CAREFUL WHEN ASSESSING WHO TO RETRENCH
The most common criterion used when deciding who to retrench is last-in-first-out. Employers are allowed by law to use the retention of necessary skills as a criterion. However, proving that the...
View ArticleBeware Of Retrenchments For Poor Performance
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...
View ArticleInvestigating Misconduct Is A Must
Most managers are busy people and therefore claim nor to have time to investigate reports of misconduct or poor performance. It is often for this reason that managers may implement discipline hastily...
View ArticleThe Labour Dispute System – How It Works
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...
View ArticleDismissing Alcoholics/addicts Can Be Costly
It is legally very dangerous for employers to to discipline and fire employees who commit offences due to illness or disability. For example, an employee who uses alcohol or narcotics and becomes...
View ArticleLabour Laws Protect New Mothers
Pregnant employees are strongly protected under South African law. There are no fewer than six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the...
View ArticleNew Labour Acts Weaken Employers And Strengthen Job Losses
In 2011 I alerted readers to four new labour bills set to bedevil employers and likely to further discourage employment. Three of these have now been in place for over a year. The new LRA amendment...
View ArticleNew Labour Bills To Strengthen Trade Unions
Last week I alerted readers to two new labour law amendment acts that came into effect in 2014 and 2015. These acts radically amend the Labour Relations Act (LRA) and the Basic Conditions of Employment...
View ArticleCcma Can Decide Retrenchment Procedure Disputes
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...
View ArticleThere Are Alternatives To Retrenchment
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...
View Article