COVID NOT ALWAYS A FAIR REASON TO RETRENCH

COVID NOT ALWAYS A FAIR REASON TO RETRENCH

Due to state capture, loadshedding, unexpected power outages, Covid and maladministration South Africa’s economy is in crisis. The biggest fallout of this economic weakness is the very high number of retrenchments in this country. Many employers are tempted to use...
BUSINESS TAKEOVERS: WHAT ABOUT RETRENCHMENTS?

BUSINESS TAKEOVERS: WHAT ABOUT RETRENCHMENTS?

It is contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act, which is the law protecting employees when a business or a part thereof is taken over. In the case of SAA vs Aviation Union of SA obo Barnes the airline...
HIGH UNEMPLOYMENT RATE SPURS CRACKDOWN ON UNFAIR RETRENCHMENTS

HIGH UNEMPLOYMENT RATE SPURS CRACKDOWN ON UNFAIR RETRENCHMENTS

Over the past decade, millions of employees have been retrenched. One would have thought that, by now, companies would be so lean that further retrenchments would not be feasible. Despite this, large numbers of retrenchments are still occurring; and employers need to...
RETRENCHMENTS AND MUTUAL TERMINATIONS ARE FUELING JOB LOSSES

RETRENCHMENTS AND MUTUAL TERMINATIONS ARE FUELING JOB LOSSES

South Africa’s unemployment rate is at an all time high with 43% of working age people being unemployed. This is the harsh reality, despite government’s so called ‘growth’ plans. While retrenchments have risen to alarming levels over the past four years, mutually...
HEAVY PENALTIES FOR DEFAULTING EMPLOYERS

HEAVY PENALTIES FOR DEFAULTING EMPLOYERS

The Labour Relations Act (LRA) in conjunction with the Arbitration Act gives the CCMA, bargaining councils, Labour Court, Labour Appeal Court and private arbitrators the power to take very strong action against employers who commit unfair labour practices or unfair...