Posts Tagged ‘Labour Relations Act’
The Constitutional Court confirms the importance of exhausting internal procedures before resigning and calling a constructive dismissal
According to Maleka, and ahead of the planned acquisition, Clarkson announced that Allan Quinn was appointed as ADT’s new financial director, responsible for, among other things, overseeing the IT portfolio, which was headed by Maleka. Clarkson announced that after the acquisition, Quinn would report to Clarkson, and Maleka would report to Quinn, instead of Clarkson.…
Read MoreUnderlying cause in a section 197 transfer? Labour Appeal Court clarifies
The recent Labour Appeal Court (LAC) decision in Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Belinda Perlee (JA01/24) provides further clarification on the interpretation of section 197 of the Labour Relations Act 66 of 1996 (LRA). This matter concerned a dispute over whether employees of Avis Fleet, who were dismissed following a restructuring…
Read MoreRetrenchment without a Section 189(3) Notice found to be fair
Section 189(1) of the Labour Relations Act (“LRA”) requires that if an employer contemplates dismissing one or more employees due to operational requirements, they must consult with the relevant parties as outlined in the section. Section 189(3) then requires that the “employer must issue a written notice inviting the other consulting party to consult with…
Read MoreIs any agreement capable of enforcement under the Labour Relations Act
Under section 158(1)(c) of the Labour Relations Act 66 of 1995 (LRA), the Labour Court has jurisdiction to, inter alia, make an arbitration award or any settlement agreement an order of court. Over the years, there has been much debate and conflicting judgments on whether a wide or narrow interpretation of “any settlement agreement” should…
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