Pre-Dismissal Arbitrations

In 2002 several amendments were introduced as part of the Labour Relations Act 66 of 1995. One significant amendment of the Act was Section 188A which provides for a pre-dismissal arbitration to be held prior to an employee being dismissed. … Continue reading

RESTRAINT OF TRADE AGREEMENTS

The concept of a restraint of trade has become quite a vexing issue in South African law. People will often ask: What exactly is a restraint of trade? Are all restraints enforceable? Can I be released from a restraint of … Continue reading

Can South African Business survive the strike season?

In August 2012 thirty four miners were shot dead following a confrontation between Lonmin miners and the SAP, at Marikana. This year wave upon wave of strikes have disrupted the economy, namely: The Eskom strikes which have, it is reported, … Continue reading

S189 LRA, Dismissals based on Operational requirements / Retrenchments

There have been a significant amounts of dismissals based on Companies Operational requirements (retrenchments) over the last few years as well as a definite rise in CCMA referrals by employees who allege they have been retrenched. (Note the word retrenched … Continue reading