retrenchment – CTL Group Holdings (Pty) Ltd

Retrenchment without a Section 189(3) Notice found to be fair

By CTL Group Holdings | July 31, 2024

Section 189(1) of the Labour Relations Act (“LRA”) requires that if an employer contemplates dismissing one or more employees due to operational requirements, they must consult with the relevant parties as outlined in the section. Section 189(3) then requires that the “employer must issue a written notice inviting the other consulting party to consult with…

SELECTION CRITERIA: WHAT IS FAIR?

By CTL Group Holdings | December 1, 2023

In the case of Koprindjiyska v 80 Westcliff (Pty) Ltd t/a Four Seasons Hotel (JS 994/20) [2022] ZALCJHB 325 (22 November 2022), an employee of the Four Seasons Hotel, employed as a Housekeeping Supervisor, sought an order by the Labour Court (LC) to declare her retrenchment as substantively and procedurally unfair. The employee was retrenched…