Labour Law Management Consulting
Courts getting stricter on retrenchments
3rd October 2022 When presiding over unfair retrenchment cases our courts have started to look much more closely than before at: the circumstances of each case and... →
Employment contracts are crucial
1st September 2022 The law does not make signed employment contracts compulsory, but the Basic Conditions of Employment Act (BCEA) does require employers to inform... →
You cannot ignore extenuating circumstances
1st August 2022 Even when an employer finds an employee guilty of a serious offence this does not automatically entitle the employer to fire the employee. There... →
Don’t misinterpret the lifting of Covid restrictions
1st July 2022 The decision of the government to lift certain of its Covid restrictions will assist businesses to improve their sales. However, employers and... →
Insubordination not always dismissible
30th May 2022 The Code of Good Practice: Dismissal (the Code) serves as a guideline for all those presiding over disputes related to discipline and dismissal.... →
Covid does not justify unfair religious discrimination
3rd May 2022 Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds One of these grounds is that... →
Forcing employees to retire early can be expensive
28th March 2022 Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds including race, sex,... →
Retrenchments cannot be misused to get rid of undesirables
28th February 2022 The courts are required to ask three key questions when deciding whether a retrenchment is fair: Did the employer follow the statutory... →
