South Africa: Redundancy/Layoff

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Does A Contractual Provision Override The Statutory Forfeiture Of Severance Pay?

The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.

South Africa Employment

CD

Cliffe Dekker Hofmeyr

To Conciliate Or Not To Conciliate

The Constitutional Court has clarified a critical procedural question in South African labour law: must employees or trade unions pursue conciliation at the CCMA before approaching the Labour Court after a facilitated large-scale retrenchment fails?

South Africa Employment

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ENS

Labour and Employment Comparative Guide

Labour and Employment Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries

South Africa Employment

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ENS

Dismissals With Immediate Effect: A Different Approach

In a previous ENSight, we discussed the decision of the Labour Court in Mtati v KPMG Services (Pty) Ltd. In this case, it was decided that employees may not be disciplined if they have resigned "with immediate effect".

South Africa Employment

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ENS

Restructuring In Africa – An Employment And Labour Law Perspective

South Africa Employment

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Dentons

Can A Retrenchment Process Start Before A Business Rescue Plan Has Been Approved?

South Africa Employment

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ENS

Selection Criteria For Retrenchment: The Fair And Objective Requirement

South Africa Employment

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ENS

Settlement Agreements And Orders Of Court – An Employee Remedy That Employers Should Be Aware Of

South Africa Employment

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ENS

Can Misconduct Be Used To Dismiss Employees In Terms Of Section 189?

South Africa Employment

BD

Bell Dewar

The Impact Of The Public Interest Factor In Proposed Mergers Before The Tribunal

South Africa Employment

NR

Norton Rose Fulbright South Africa

Section 197, Second Generation Outsourcing And Service Transfers:The Future Of Section 197 In South Africa

South Africa Employment

WA

Werksmans Attorneys

Payments, Aviation And Mining Lead The Deal Agenda

Global Commercial

Ai

Andersen in South Africa

Proposed New Rules On Beneficial Ownership For Financial Institutions

South Africa Finance

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ENS

South Africa Further Strengthens Its Position As Production Base For Global Commercial Exploitation Of New Plant Varieties

South Africa IP

AA

Adams & Adams

Fraudulent Misrepresentation In Employment Comes At A High Price: Labour Court Orders Former CIO To Repay More Than R2.8 Million

South Africa Employment

CD

Cliffe Dekker Hofmeyr

The Absence Of Evidence Is Not Evidence Of Absence

South Africa Employment

CD

Cliffe Dekker Hofmeyr

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ENSign Podcast | Navigating Redundancy In Ghana

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ENS

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