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22
Feb

0

BEWARE 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 acceptable to use the procedure laid down for retrenchments in order to deal with poor work performance.   However, while retrenchments and poor performance terminations should […]

15
Feb

0

INTERDICTS, DISCIPLINARY HEARINGS AND REPRESENTATION

Section 158 of the Labour Relations Act (LRA) gives the Labour Court the power to issue interdicts preventing employers, employees or trade unions from proceeding with threatened or current actions.   A distinction should be drawn between an interdict and a writ. This is because a writ is issued by the Court in order to […]

08
Feb

0

POOR CONDUCT CAN MEAN POOR MANAGEMENT

Occasionally employees misbehave or misperform because they do not want to work and prefer to get fired. However, in my experience this is more the exception than the rule. More often, consistent poor conduct or poor performance reflects a management that is either under skilled or unwilling to manage employee conduct. As a result we […]

16
Mar

0

Second Generation Outsourcing: Can You Retrench?

It has recently become less contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act, the law protecting employees when a business or a part thereof is taken over. BY   lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or […]

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