voluntary severance packages Archives

Terminating employment contracts: ILO Convention 158 & Experts Committee

by GilesFiles | Jan 3, 2024 | AA - Resources generally, AH - Labour Legislation & Rules, AL - ILO, Causes and defences, Conduct & capacity, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, ILO reports, ILO’s supervisory bodies, Insights, Labour Relations, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA Sch 8: GP Code, Management, Operational reasons, Performance, Policies - all, Protect not punish, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings, Work Science Institute | 0 |

Note on Convention No. 158 and Recommendation No. 166 concerning termination of employment Contents Preface. 1 Part I. Content of Convention No. 158 and Recommendation No. 166. 1 Definitions and concepts. 1 Termination. 1...

Operational requirements paramount: Adapt quickly?

by GilesFiles | Oct 27, 2020 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, AUD, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Construction industry, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Review tests, Sectors, Severance pay, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

Numsa v Aveng Trident Steel Society accepts the paramount importance of operational requirements and the economic viability of enterprises and senior management is best placed to conduct the operations and one of the primary...

Business rescue practitioners: Operational dismissals

by GilesFiles | Jul 9, 2020 | 2020 onwards, Airline pilots, Appeals, Appeals - leave, Conduct & capacity, Courts, Declaratory, Disallowed, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MV Phatshoane, Operational reasons, Orders, Parties, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Business rescue plan: Unfair dismissal procedure?

by GilesFiles | May 8, 2020 | 2020 onwards, André van Niekerk, Applications, Associations/corporates, business rescue, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Markets in SA, Operational reasons, Orders, Parties, philosophy / economics, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reciprocal contractual obligations: Duty to disclose transfer?

by GilesFiles | May 6, 2020 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 197 - transfers, Orders, Parties, Retirement, Review tests, Sectors, Special pleas, Topics | 0 |

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

Voluntary separation packages: Procedural fairness accepted

by GilesFiles | Mar 5, 2020 | 2020 onwards, Applications, Courts, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Parties, Refused, Retirement, RGO Lagrange, Sectors, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Voluntary severance package: Refusal to re-appoint rational

by GilesFiles | Feb 6, 2019 | 2019, Associations/corporates, Bargaining councils, Courts, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Parties, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Severance package interpreted: Purposive approach

by GilesFiles | Dec 15, 2017 | 2017, BCEA 77(3) & 77A(e), Causes and defences, Courts, Interpretation etc, Judges, Labour Appeal Court, LAC judges, Legislation, Roland Sutherland, Sectors | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Separation agreement approved: Soft exit valid and binding

by GilesFiles | Feb 3, 2016 | 2016, 2016, Bill of Rights, Causes and defences, Courts, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Mutual termination, Public policy, Settlement agreements, Termination (LRL 8), Topics | 3 |

G-O v Reckitt Benckiser SA (Pty) Ltd (JA 95/2014) [2016] ZALAC 2 ; [2016] 5 BLLR 425 ; (2016) ILJ 902 (3 February 2016) per Savage AJA [Waglay JP and Coppin JA concurring] It is not uncommon for employers and employees to sign...

Flexible working hours: Woolworths’ operational requirements

by GilesFiles | Aug 28, 2012 | Collective Bargaining (LRL 5), Insights, Labour Relations, Organisations (LRL 4), Parties, Sectors, Topics | 0 |

Management must exercise great care when changing so-called conditions of employment, such as working hours. But the courts have accepted that it is unrealistic to force management to honour contracts when the needs of the...

Voluntary termination offer: Valid acceptance

by GilesFiles | May 29, 2002 | 2014 and earlier, Appeals, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Mutual termination, Operation of law, Parties, Retired judges, Retirement, Sectors, Settlement agreements, Termination (LRL 8), Topics | 0 |

University of the North v Franks Voluntary termination offer made by the university could not be revoked prior to the expiry date referred to in the offer. “Where an offer is (either expressly or tacitly) stated to be...

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