Labour Law

Dismissal versus retrenchment due to restructuring: Operational or Unfair?

21st January 2021|Articles, Labour Law, Litigation|

A recent Constitutional Court (“CC”) judgment has allowed employers to breathe a collective sigh of relief in the comfort that they cannot be threatened with unfair dismissal proceedings where an employee has unreasonably rejected an employer’s proposals aimed at avoiding retrenchments, and where the employer commences to dismiss the employee by reason of its operational


The ‘Give and Take’ of the The Employment Equity Amendment Bill, 2018 (the “Bill”)

26th February 2019|Commercial Law, Labour Law, Labour Law|

The Employment Equity Amendment Bill, 2018 (the “Bill”) and draft Employment Equity Regulations (the “EE Regulations”) are a direct consequence of the Department of Labour’s twenty-year review into the effectiveness of the Employment Equity Act, 55 of 1998 (the “EEA”). Although the provisions introduced by the Bill are not yet fully enforceable, their implications for


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