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Lexis Nexis
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There has never nor is there presently any labour or employment legislation which regulates or controls the use of the test or to protect the Employee's right against the abuse of the test by an Employer seeking to dismiss or punish an Employee. Polygraphs can only be used when consent is freely given or permitted in the employment contract. -
A discussion of a recent Labour Appeal Court judgment which finally explains exactly what an order of “reinstatement with retrospective effect” actually means, and what applicants need to do in the event that a respondent refuses to comply with such an order. -
South African companies and organisations considering using demotion as an alternative to retrenchment need to bear in mind several labour law considerations with regard to its context and correct implementation. -
Retrenchments: The when and how of retrenchment consultations in light of COVID-19 - let everyone know, before you decide to let anyone go -
Retrenchments during lockdown - Any dismissal, for operational requirements or otherwise, must be in accordance with the Labour Relations Act 66 of 1995, even during the lockdown period. -
An executive summary checklist applicable to workplaces which are permitted to operate during Alert Level 4 in terms of the Disaster Management Regulations issued on 29 April 2020 -
Employers have to comply with the correct retrenchment process in the 2021 second wave of COVID-19 or they will find themselves in further financial difficulties, possibly having to pay compensation for non-compliance. -
The general requirements for a fair dismissal based on an employer's operational requirements are to be found in section 189 of the LRA. However, section 189A provides for specific procedures and remedies for instances of large-scale retrenchment. The similarities and differences between these two sections therefore need to be considered. -
The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s DirectiveAmendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation. -
There are a number of alternatives to retrenchments, which are suitable to both employees and employers. However, employers are cautioned to ensure that they are procedurally and substantively fair and are proposed as such, under a consensus seeking process, in terms of the Labour Relations Act.