Labour Law Management Consulting
What is a fair reason to retrench?
30th October 2023 Section 213 of the LRA indicates that the reasons for retrenchment may be based on the economic, technological, structural or similar needs of the... →
What powers do the Labour Courts have?
2nd October 2023 The Labour Relations Act (LRA) gives the Labour Court and Labour Appeal Court numerous and strong powers to make decisions relating to labour... →
Employers can make strikes unnecessary
28th August 2023 Should employees go on an unprotected strike they could theoretically be dismissed legitimately by the employer. This is because an unprotected... →
Forced changes to employment conditions not on
31st July 2023 Operational circumstances such as takeovers, reduced work orders and financial constraints often create the need for employers to change the... →
Lawyers may be allowed at disciplinary hearings
3rd July 2023 Item 4 of the Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act (LRA) states that, when an enquiry is... →
Assault not always reason to fire
30th May 2023 The Code of Good Practice: Dismissal (The Code) states that: Advice and correction are the best ways of dealing with minor offences Repeated... →
When does a job applicant become an employee?
2nd May 2023 South Africa’s labour law statutes do not deal with the situation where a job applicant has been offered the job but, before starting work, is told... →
Promotion can be a right
3rd April 2023 In addition to dismissals employers may be taken to the CCMA for a number of unfair practices including unfair promotion. Employees do not have an... →
