While all retrenchments are painful and often devastating for employees it is normal for employers to retrench employees after serious losses have been incurred because the employer cannot afford to pay their salaries. It can also happen that those executives responsible for managing the company are disciplined for allowing the financial losses to occur. However, […]
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 application of this criterion was fair is very complex. This has caused many an employer to lose in court. BY lvan lsraelstam, Chief Executive […]
It is a common erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed employment contracts compulsory but the Basic Conditions of Employment Act (BCEA) does require employers to inform employees in writing of their particulars of […]
Section 6(1) of the Employment Equity Act (EEA) prohibits employers from unfairly discriminating, directly or indirectly, against an employee on numerous grounds including gender and sex. BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: email@example.com. This article first appeared in […]
Where employees disrupt the workplace the operations of the business can be seriously affected. This article was written by lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: firstname.lastname@example.org. This article first appeared in The Star.