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Source: SA Legal Academy South African labour law has shifted dramatically in the past twelve months. Between the Constitutional Court fundamentally redefining parental leave, the Department of Employment and Labour overhauling the Code of Good Practice on Dismissal, and the impending regulation of Artificial Intelligence in the workplace, employment attorneys face an entirely new compliance […]

Source: Department of Employment and Labour The Department of Employment and Labour has undertaken significant Labour Law Reforms, focusing on several key areas: Simplification of Procedural Fairness, Limiting Protection During Probation, Redefinition of Unfair Labour Practice, and Retrenchment Procedures. The Minister has presented progress reports on these amendments to the Cabinet multiple times. The recent […]

Source: Department of Employment and Labour The Department of Employment and Labour has undertaken significant Labour Law Reforms, focusing on several key areas: Simplification of Procedural Fairness, Limiting Protection During Probation, Redefinition of Unfair Labour Practice, and Retrenchment Procedures. The Minister has presented progress reports on these amendments to the Cabinet multiple times. The recent […]

CORRECT PROCEDURE Consultation must take place as soon as the employer contemplates retrenchment. Consultation must take place – with a workplace forum. with a registered trade union whose members are likely to be affected or with the employee/s likely to be affected An attempt must be made to reach consensus on — avoiding the dismissals […]

Retrenchment and redundancy are significant aspects of employment law in South Africa. Understanding the legal requirements and procedures surrounding retrenchment is crucial for employers and employees alike. This article provides a comprehensive guide to retrenchment and redundancy in South Africa, exploring the legal framework, consultation processes, alternatives to retrenchment and considerations related to severance packages. […]

Overview A recent judgment of the Labour Court serves as a useful reminder of some of the key principles when it comes to the fairness of a retrenchment. The Court emphasised that an employee whose position has been made redundant is not automatically dismissed and that the employer has an obligation to genuinely consider alternatives […]

Retrenchments – Back to Basics By Jan du Toit Nobody can argue that this year was economically a very challenging year with lots of fatalities in term of job losses. Many employers decided to close shop because of the economic climate combined with the impact of the extended industrial action in the mining industry and […]

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