Retrenchment and severance pay in South Africa – what employers and employees need to know

A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative employment with a new employer. However, this is only under very specific circumstances—specifically, where the employer swiftly takes action and actively secures the new job. Legal experts at…

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Costly Negligence

In a landmark ruling in Mogale and Another v National Health Laboratory Services (JS958/2019) [2024] ZALCJHB 362 (13 September 2024), the Labour Court awarded damages in favour of the National Health Laboratory Services in the amount of R22,477,891.70. This decision marks a significant victory in holding executives accountable for their actions and highlights the importance…

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WITHDRAWAL OF A RESIGNATION

In the case of MOHLWAADIBONA V DR JS MOROKA MUNICIPALITY (J718/21) [2022] ZALCJHB 91 (18 MARCH 2022), the employer, which is a municipality, was placed under administration.  Following this, due to ill health, the employee submitted his resignation immediately. He addressed the resignation letter to the acting Municipal Manager at the time. After sending the resignation letter,…

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