Automatically unfair dismissals

What exactly is an automatically unfair dismissal as opposed to an ordinary dismissal? The Labour Relations Act (“LRA”) at section 187 states that a dismissal is automatically unfair if the employer, in dismissing the employee, acts contrary to section 5 (this section confers protections relating to the right to freedom of association and on members

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BULLYING BOSS MADE EMPLOYMENT INTOLERABLE

BY HILDA GROBLER JULY 9, 2020 The Labour Court recently handed down a judgment that reads a little like a novel. The facts in Centre for Autism Research and Education CC v CCMA (JR 1619/2018, handed down on 19 June 2020) per Van Niekerk J, were briefly that Ms Rozanna Riback (“Riback”),  the sole member

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Unfair Discrimination: Test for unfair discrimination

Discrimination is defined as the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age or sex.  Section 6(1) of the Employment Equity Act (“EEA”) provides that:  “(1)  No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds,

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Business rescue proceedings

What happens to my employment contract during business rescue proceedings? With the high prevalence of companies going into business rescue due to the current economic climate in an attempt to avoid liquidation, many employees have become affected and it is important to know and understand your rights in these circumstances. What is Business Rescue? Business

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Severance Package when retrenched?

Are you entitled to a severance package when retrenched? When an employee is retrenched in terms of Section 41(2) of the Basic Conditions of Employment Act (“BCEA”) the employer is statutorily obliged to pay at least one week’s remuneration for each completed year of continuous service to the employee. During the consultation process (as envisaged

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Can you be retrenched via Zoom?

Since the outbreak of the Coronavirus (COVID-19), and with it the lockdown and restrictions imposed in SA, we have all had to adapt to a “new normal” such as working from home, more often than not, using the digital and virtual platforms to communicate with employers/ employees as well as clients and suppliers etc. We

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