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 | Aug 6, 2020 | News, Uncategorized
What happens to my employment contract during business rescue proceedings? With the high prevalence of companies going into business rescue due to the current economic climate in an attempt to avoid liquidation, many employees have become affected and it is important...
by Allardyce-Partners | Jul 22, 2020 | News, Uncategorized
Are you entitled to a severance package when retrenched? When an employee is retrenched in terms of Section 41(2) of the Basic Conditions of Employment Act (“BCEA”) the employer is statutorily obliged to pay at least one week’s remuneration for each completed year of...
by Allardyce-Partners | Jun 26, 2020 | News, Uncategorized
Since the outbreak of the Coronavirus (COVID-19), and with it the lockdown and restrictions imposed in SA, we have all had to adapt to a “new normal” such as working from home, more often than not, using the digital and virtual platforms to communicate with employers/...
