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 […]
May an employer use behavioural characteristics (e.g. initiative, enthusiasm and determination) as criteria to select employees for retrenchment? This was the key question before the Labour Appeal Court (LAC) in the matter of Umicore Catalyst South Africa (Pty) Ltd v National Union of Metalworkers of South Africa (Numsa) obo 5 members. Background Umicore, a manufacturer […]