INDUSTRIAL RELATIONS AND LEGAL SERVICES
Employers cannot “buy their way out” of retrenchment procedures
In the recent South African Labour Appeal Court (“LAC”) decision of Total South Africa v Meyer and others, the LAC, in addressing the issue of whether the decision to grant maximum compensation for a substantively and procedurally unfair retrenchment was exercised judicially, made significant remarks in respect of an employer’s obligation to comply with the procedural and substantive requirements of section 189 of the Labour Relations Act, 1995 (“LRA”) prior to deciding to retrench.
42
SEIFSA NEWS
|
SEPTEMBER / OCTOBER 2021
