Posts Tagged ‘retrenchments’
Nation-wide protest action
COSATU gave notice to NEDLAC of their intention to embark on nation-wide protest action on Monday, 7 October 2024. What does this mean for employers? The intended protest action stems from COSATU’s demand some years ago “that retrenchments to maximize profits must stop”. COSATU alleges that since then “we have seen the number of retrenchments increase at…
Read MoreMisconduct in the Workplace
Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC [2024] JS739-18 (LC) and SARS v CCMA [2024] JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct. Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for…
Read MoreIs it unfair to dismiss employees who reject vertical bumping?
In Porter Motor Group v Karachi (“Karachi”), the Labour Appeal Court (“LAC”) set out the principles of bumping in retrenchments. It held that the Last In First Out (“LIFO”) principle is considered a fair selection method as it prioritises those employees who have served the employer for a longer period of time. It also accepted the principle…
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