McCarthy Attorneys Inc

Retrenchments

When All Employees Are Equal, But Some Are More Equal Than Others – Justifiable Discrimination In The Workplace

When All Employees Are Equal, But Some Are More Equal Than Others – Justifiable Discrimination In The Workplace

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.

Virtual Retrenchment Consultations

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 …

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