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Retrenchment During Covid-19 Upheld In Labour Court Ruling
In De Weijer v Babcock Africa Services, the Labour Court confirmed that a retrenchment during the COVID-19 downturn was substantively and procedurally fair. The judgment highlights how operational necessity, role redundancy, consultation, disclosure of financial information, and limits on bumping are assessed under section 189 of the Labour Relations Act.

Jonathan Goldberg
3 days ago3 min read


DISMISSAL – OPERATIONAL REQUIREMENTS
A significant ruling, delivered on 29 August 2024, in the matter of UMICORE CATALYST SOUTH AFRICA (PTY) LTD V NUMSA AND OTHERS (PA3/23)...

Jonathan Goldberg
Sep 18, 20253 min read


AUTOMATICALLY UNFAIR DISMISSAL – RETIREMENT AGE
The Constitutional Court has clarified whether dismissal after retirement age is automatically unfair under the Labour Relations Act. In MISA v Great South Autobody CC [2024] ZACC 29, the Court split on whether dismissal months after the agreed retirement age amounts to unfair age discrimination. While some judges argued that delay could waive the employer’s right, the majority held that section 187(2)(b) allows dismissal at any time after the agreed retirement age, provided

Jonathan Goldberg
Sep 11, 20253 min read


South African Unemployment Crisis Deepens in Q1 2025
South Africa’s unemployment rises to 32.9% in Q1 2025, with youth joblessness at 62.4%—calling for urgent, united action.

John Botha
May 19, 20253 min read


COSATU's Nationwide Protest: A Call for Employer Vigilance and Preparedness
COSATU's protest on 7 October urges employers to prioritise preparedness, communication, and contingency plans to ensure business continuity

John Botha
Oct 3, 20242 min read


Important Alternatives to Retrenchment
Explore alternatives to retrenchment under the Labour Relations Act, focusing on cost reduction strategies to retain employees.

John Botha
Apr 23, 20242 min read


What is Procedural Fairness in a Retrenchment?
Understanding procedural fairness in retrenchment is crucial for avoiding negative outcomes at the CCMA.

GBS
Nov 1, 20222 min read






