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07
May

0

THERE 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 dwindling, cash flows are tightening and it is becoming increasingly difficult to pay creditors and staff salaries. In addition to our economic downturn crime is having […]

07
May

0

CCMA 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 dispute. However, the amendments gave jurisdiction to the CCMA and bargaining councils to arbitrate retrenchments where: Only one employee had been retrenched; and The employee […]

10
Apr

0

USE EMPLOYEE CONFESSIONS WISELY

It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the employee does confess he/she is still entitled to a proper hearing Other facts may show the confession to be fals. The employee may not […]

21
Mar

0

PRE-ARBITRATION CAN SPEED UP HEARINGS

One of the key pieces of information in a notice summoning you to a labour dispute forum is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an arbitration. Should it be a con-arb or arbitration this means that you will need to prepare your case […]

06
Dec

0

POTENTIAL RETRENCHEES ENTITLED TO REPRESENTATION

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 member, the employee’s misconduct, poor performance, population group, state of pregnancy or […]

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