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Article
The Impact Of The Public Interest Factor In Proposed Mergers Before The Tribunal
There may be no retrenchments in South Africa as a result of the merger for two years after the implementation of the transaction (1 December 2010), except senior management.
South AfricaEmployment and HR
Norton Rose Fulbright South Africa
Article
Settlement Agreements And Orders Of Court – An Employee Remedy That Employers Should Be Aware Of
It is not unusual for an employer and an employee to enter into agreements which result in the employment of an employee being terminated by agreement.
South AfricaEmployment and HR
ENS

Does A Contractual Provision Override The Statutory Forfeiture Of Severance Pay?

The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.

South AfricaEmployment and HR

Cliffe Dekker Hofmeyr

Dismissals With Immediate Effect: A Different Approach

In a previous ENSight, we discussed the decision of the Labour Court in Mtati v KPMG Services (Pty) Ltd. In this case, it was decided that employees may not be disciplined if they have resigned "with immediate effect".

South AfricaEmployment and HR

Selection Criteria For Retrenchment: The Fair And Objective Requirement

If this is the case, may an employer instead use selection criteria that contain an element of potential subjectivity?

South AfricaEmployment and HR

Restructuring In Africa – An Employment And Labour Law Perspective

Generally, for retrenchments to be lawful in most jurisdictions they must be substantively and procedurally fair.

South AfricaEmployment and HR

Can A Retrenchment Process Start Before A Business Rescue Plan Has Been Approved?

In a recent case, the Labour Court needed to consider the interplay between section 136 of the Companies Act, 2008 and section 189 of the Labour Relations Act, 1995 ("the LRA").

South AfricaEmployment and HR

To Conciliate Or Not To Conciliate

The Constitutional Court has clarified a critical procedural question in South African labour law: must employees or trade unions pursue conciliation at the CCMA before approaching the Labour Court after a facilitated large-scale retrenchment fails?

South AfricaEmployment and HR

Section 197, Second Generation Outsourcing And Service Transfers:The Future Of Section 197 In South Africa

Since its introduction into the amended Labour Relations Act, 66 of 1995 ("the LRA") in 2002 and the pronouncement on its application by the Constitutional Court in the case of National Education Health & Allied Workers Union (NEHAWU)v University of Cape Town & Others (2003) (CC), labour and commercial practitioners are familiar with Section 197 as having application to transfers of businesses.

South AfricaEmployment and HR

Werksmans Attorneys

Can Misconduct Be Used To Dismiss Employees In Terms Of Section 189?

Can an employer use its operational requirements to dismiss employees for misconduct?

South AfricaEmployment and HR

Showing 1–10 of 10 results

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