Retrenchments
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To Bump or Not to Bump
To Bump or Not to Bump A meaningful consideration of the subtleties of horizontal and vertical bumping during the retrenchment processes. Due to our ... -
Mutually agreed termination in the context of retrenchments
Mutually agreed termination in the context of retrenchments A recent decision by the Labour Court raises some important issues concerning the conclusion of mutually ... -
Is a section 189(3) notice always required for a retrenchment to be considered fair?
Is a section 189(3) notice always required for a retrenchment to be considered fair? In a retrenchment process, a section 189(3) notice is often ... -
‘What to pay and what not to pay?’ That is the question. The Labour Court finds that an arbitrator committed an error of law in an award for compensation
‘What to pay and what not to pay?’ That is the question. The Labour Court finds that an arbitrator committed an error of law ... -
Labour Appeal Court addresses bumping in retrenchments
 Labour Appeal Court addresses bumping in retrenchments On 21 May 2024, the Labour Appeal Court (LAC) handed down a judgment in which it considered ... -
I’ve been laid off… Am I suspended?
I’ve been laid off… Am I suspended? Is a lay-off the same as a suspension? Short-time work and lay-off can be considered an alternative ... -
Retrenchment myths companies feed employees
Ivan Israelstam Already in 2009 we have received dozens of calls from employers who have retrenched employees and are being taken to the CCMA, ... -
Retrenchment of employees on fixed-term contracts: How far can you go?
Retrenchment of employees on fixed-term contracts: How far can you go? By Sandile July, Director and Nyiko Mathebula, Candidate Attorney, Werksmans Attorneys Retrenchments are ... -
Constitutional Court finds no fault with s189(1) of the LRA
Constitutional Court finds no fault with s189(1) of the LRA By Neil Coetzer, Partner and Courtney Wingfield, Associate Designate, Cowan-Harper-Madikizela Attorneys We recently wrote ... -
Retrenchment Remedies – Getting The Process Back On Track
Retrenchment Remedies – Getting The Process Back On Track By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney, Werksmans Attorneys Retrenchments in South ...









