In the intricate landscape of employment law, employers often grapple with whether or not to dismiss an employee. Two primary grounds for dismissal, incapacity and misconduct, stand out, each requiring a distinct approach and understanding.
Navigating Employment Dismissals: Understanding Incapacity Vs Misconduct Read More »
If an employer does this because of any of the grounds listed in section 6(1) of the EEA (including gender, age, disability, religion etc.), it will automatically amount to unfair discrimination. If an employer does this because of any of the grounds listed in section 6(1) of the EEA (including gender, age, disability, religion etc.), it will automatically amount to unfair discrimination.
The Labour Court in Food and Allied Workers Union (FAWU) v South African Breweries (SAB) held that where an employer offers to consult in the retrenchment process in a particular manner (in this instance via video conferencing) and the other party refuses to consult in the proposed manner, completion of the retrenchment process without the
Virtual Retrenchment Consultations Read More »
