2023 Amendments to the CCMA rules
The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is the first port of call for the majority of disputes concerning the employment relationship and serves not only as a forum aimed at facilitating amicable and expeditious resolutions to employment disputes but also as a court of first instance for adversarial proceedings arising between, amongst others, more...
Dismissal versus retrenchment due to restructuring: Operational or Unfair?
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 more...