by Allardyce-Partners | Nov 3, 2020 | News, Uncategorized
According to common law, the sale, transfer or merger of a business results in the termination of existing employment contracts between the business and its employees, on the basis that parties may not assign their contractual rights and obligations to a...
by Allardyce-Partners | Nov 3, 2020 | News, Uncategorized
Last week our Constitutional Court, in the case of Numsa V Aveng Trident Steel, appears to have given employers the nod, whose operational requirements are genuine, to change their employees’ employment conditions, if the future...
by Allardyce-Partners | Sep 14, 2020 | News, Uncategorized
What exactly is an automatically unfair dismissal as opposed to an ordinary dismissal? The Labour Relations Act (“LRA”) at section 187 states that a dismissal is automatically unfair if the employer, in dismissing the employee, acts contrary to section 5 (this section...
by Allardyce-Partners | Sep 11, 2020 | Articles, Labour Law, Legal Advice
BY HILDA GROBLER JULY 9, 2020 The Labour Court recently handed down a judgment that reads a little like a novel. The facts in Centre for Autism Research and Education CC v CCMA (JR 1619/2018, handed down on 19 June 2020) per Van Niekerk J, were briefly that Ms Rozanna...
by Allardyce-Partners | Aug 24, 2020 | Articles, Labour Law
Discrimination is defined as the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age or sex. Section 6(1) of the Employment Equity Act (“EEA”) provides that: “(1) No person may unfairly...
