Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / The coming into power of the democratic government played an important role in
transforming South African labour law system. After the Labour Relations Act 66 of
1995 (LRA) was implemented on 11 November 1996, the old Labour Relations Act of
1956 was repealed. The law on retrenchment forms an integral part of law of
dismissals. The South African labour market has in the past years been
characterized by restructuring and consequently retrenchment of employees. In most
cases, employer’s decisions to retrench were challenged by the employees and
unions in courts. Section 189 of the LRA stipulates procedures to be followed by an
employer when contemplating dismissal of one or more employees for reasons
based on operational requirements. The employer does not only have to follow the
procedures set out in section 189 to render dismissals for operational reasons fair,
but there must also be a valid reason to dismiss. The courts have always not been
willing to second-guess the employer’s decision to retrench provided that the
decision is made in good faith.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ul/oai:ulspace.ul.ac.za:10386/960 |
| Date | January 2013 |
| Creators | Ramafalo, Mahodiela Rodney |
| Contributors | Nevondwe, L. T. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | xx, 85 leaves |
| Relation | Adobe acrobat reader, version 7 |
Page generated in 0.0046 seconds