The concept of bumping in retirement explained
Explore the principles of bumping in retrenchments, including horizontal and vertical bumping, and insights from South African Labour Appeal Court rulings on fair dismissal practices.
What if an employer locks out employees during a suspended strike? May replacement labour be used?
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Withdrawal of resignation – If you are out, you are out
An employer may refuse to accept a resignation that is not compliant with notice requirements, but cannot refuse one that follows the contract or legal regulations.
Must an employer tolerate an employee’s prolonged absence from work for incapacity due to ill health?
An employer is not expected to endure an employee’s prolonged absence from work for incapacity due to ill health and it may, if it is fair in the circumstances, exercise an election to terminate the employment relationship.
Update – Union Representation in Litigation Disputes
In this article we address the age-old question of whether an aggrieved employee may be represented in litigation proceedings by any trade union. The question was finally answered by the Constitutional Court in its judgement delivered on the 21st day of June 2024
Does Unequal Pay For Equal Work Automatically Amount To Discrimination?
This article explores unequal pay and the legal complexities around a case of alleged unfair discrimination based on differences in remuneration between employees of the same employer performing the same or substantially the same work or work of equal value.