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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Redundancy and retrenchment
Author:Zondo, R.
Year:1990
Periodical:South African Human Rights and Labour Law Yearbook
Volume:1
Pages:339-348
Language:English
Geographic term:South Africa
Subjects:dismissal
labour law
Abstract:Prior to the introduction in South Africa's labour law of the concept of unfair labour practice about a decade ago, redundancy (permanent termination of employment) and retrenchment (temporary termination of employment) were governed by the common law. In terms of this, the rights and obligations of the parties in respect of a redundancy or retrenchment situation are those which the employer and the employee have agreed to in terms of the contract of employment. With the creation of the Industrial Court and the introduction of the unfair labour practice concept, the law changed. The concept of unfair labour practice sought to promote cooperation, consultation and negotiation between employers and unions. Since 1983 numerous retrenchment cases have come before the Industrial Court. This paper first summarizes important additional guidelines which have become evident from these cases. On 1 September 1988 the controversial Labour Relations Amendment Act came into operation. The second part of the paper shows how the provisions of the amending legislation concerning the selection of employees for retrenchments in the definition of unfair labour practice provide an excessively wide discretion to employers. Notes, ref.
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