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Retrenchment

  • Retrenching? Do these five things to reduce potential problems
  • You must deal with the retrenchment process properly. The reasons? The nature of this dismissal makes things tough for you from the start. There's bound to be some resistance when you dismiss employees for operational reasons and not because they've done something wrong. Your employees and their representatives will scrutinise your every move and WILL challenge you if they believe you're... ››› more
  • [09 January 2017]
  • Can you retrench a fixed-term employee?
  • You've employed an employee on a two year contract. Unfortunately, you've lost a big client and now you have to retrench him, amongst other staff. But can you? What does the law say about retrenching fixed-term employees? Can you retrench a fixed-term employee? As an employer, you know you have a right to retrench employees. But you probably didn't know the situation's completely different w... ››› more
  • [15 December 2016]
  • Retrenching? Use these six methods to help your employees cope with retrenchments
  • In today's tough economic climate, there's an increasing risk you'll have to go through the painful process of retrenching your staff. Here's how you help them and yourself, through this tough emotional storm without risk to your business. Retrenchment is a dismissal for operational reasons and is classified as a no-fault dismissal, explains the Labour Law for Managers Handbook. This me... ››› more
  • [30 November 2016]
  • Is a retrenchment like any other dismissal or is there a difference?
  • The current economic conditions have made retrenchments a harsh reality. As the economy continues to move at a slow pace, chances are you may also be forced to restructure your business in the near future. Read on to discover how a retrenchment differs from a dismissal so you can comply with labour law. If you're still unsure how a retrenchment differs from a dismissal, the Labour Law for Manag... ››› more
  • [10 November 2016]
  • Retrenchment letters could land you in trouble at the CCMA if you don't get it right!
  • Retrenchment letters are a hot topic at the CCMA right now! The CCMA says cases involving retrenchment increased in the first four months of this year and were considerably ahead of the number referred to the CCMA in the previous period. If your company's planning to retrench, it's crucial that you ensure your employee's notice of retrenchment letter contains all the required details. One wrong mo... ››› more
  • [26 October 2016]
  • Only consider demotions in these three instances to avoid an unfair labour practice
  • Demotions, namely the reduction in an employee's rank and status, can be a tricky area for many employers. This is because one wrong move could result in an unfair labour practice. You see, demoting an employee can only be done under certain conditions. You can't just say: 'I'm going to demote her because she's impossible'. That will probably be unfair. So to help you avoid this, here are t... ››› more
  • [14 June 2016]
  • Two things you need to know about termination pay
  • Termination pay, in other words payment that is legally due to your employee when she leaves you, can be a tricky area to deal with. And understandably so! It can be a complicated area to deal with, which is enough to give any employer a headache. But it really doesn't have to be that way! In order to help you avoid unnecessary headaches when dealing with termination pay, here are the two mo... ››› more
  • [09 May 2016]
  • 4 situations in which you may want to retrench
  • Your company has come to a point where you're considering to terminate many of your employees' contracts. You've taken a look at things from an 'operational' point of view and you strongly feel that your company simply can't continue the way it is. If this is you, then you may be looking at retrenching your employees. But before you go ahead and retrench employees, you've got to make sure ... ››› more
  • [21 April 2016]
  • Can you dismiss a striking employee for 'operational' reasons?
  • It's common knowledge that it's harder to dismiss an employee on a protected strike than it is to dismiss one on an unprotected, or illegal, strike. In other words, the general understanding around protected strikes is that you can't dismiss an employee. But this isn't necessarily true in every sense... *****Advertisement***** Discover the essential components of a strike and effec... ››› more
  • [30 March 2016]
  • 4 Instances when an employment contract automatically ends... And 3 when it doesn't
  • An employment relationship isn't only over when your employee resigns or you dismiss him. There are the different ways a contract can terminate. Just make sure you follow the rules of each type of termination. There's termination in 'common law' or 'by operation of law'. Now, I know it sounds like a lot of legalese, but you need to know the differences because there are different legal implicat... ››› more
  • [14 January 2016]
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