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A legal process for resolving employment-related disputes between employers and employees in South Africa.
Process for resolving disputes between employers and employees using the Commission for Conciliation, Mediation and Arbitration (CCMA).
A type of legal action that involves disputes between employers and employees that are resolved by a Bargaining Council.
the legal framework governing the termination of an employee's employment contract by an employer, outlining the conditions under which an employer can legally dismiss an employee, including reasons for dismissal, proper procedures to follow, and potential consequences for unfair dismissals.
A provision within the South African Labour Relations Act (LRA) that automatically transfers employment contracts to a new employer when a business is sold or transferred as a "going concern".
The process of creating a legal document that outlines the rights and responsibilities of an employee and their employer.
A professional service that advises businesses on how to best manage their workforce, including developing strategies for recruitment, talent development, employee retention, workforce planning, and overall organizational structure, to optimize their performance and achieve business goals related to their employees.
training programs designed specifically for lawyers working within a company (in-house counsel), focusing on legal knowledge and skills directly applicable to the company's industry, operations, and current legal challenges, rather than general legal practice areas that might not be as pertinent to their specific role.
It confirms the principle that when employers seek to dismiss employees on the basis of common purpose, they must establish that the employees performed some acts that show that they associated themselves with the violence either before, during or after it ended.
A thorough investigation process where a potential buyer or investor carefully examines all aspects of a target company (like its financials, legal status, operations, and market position) before committing to a transaction, aiming to identify potential risks and ensure they are making an informed decision
The process of creating a legal document between an employer and a trade union, where the employer formally acknowledges the union as the representative body for a specific group of employees, granting the union the right to negotiate collective bargaining agreements on behalf of those workers within the workplace
Conducting thorough due diligence on the target company's workforce, proactively communicating with employees throughout the process, carefully managing potential job redundancies, ensuring compliance with employment laws, and addressing concerns regarding benefits, compensation, and working conditions to minimize disruption and maintain employee morale during the transition.
Extensive consultation with labor unions, transparent communication of changes, providing support for potential job losses through severance packages and retraining programs, and proactively addressing concerns about working conditions and benefits to minimize disruptions and social unrest; while also ensuring the restructuring process prioritizes efficiency and productivity gains without compromising employee welfare.
Section 213 of the LRA indicates that the reasons for retrenchment may be based on the economic, technological, structural or similar needs of the employer.
The Employment Equity Act (EEA) of 1998 prohibits discrimination in the workplace. It also requires employers to take steps to promote equal opportunity and fair treatment.
The purpose of a disciplinary enquiry is to determine whether the employee was indeed guilty of misconduct. Stated differently, it is an investigative process that the employer needs to conduct to establish whether the employee was indeed guilty of misconduct.
Concluding an investigation that optimises the chances of a successful disciplinary hearing requires a great deal of skill. Investigators need to know how to:
Collective bargaining is the process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family, and more.