Category: Law

Retrenchments

Retrenchments When can employer retrench employees? Section 189 of the LRA permits an employer to dismiss employees based on the employer’s economic, technological, structural or similar needs. An employer may retrench to improve their profits. Whatever the reason may be for the retrenchment, the employer must be able to prove or back-up its allegations. Economic […]

Discipline and Performance Management

Discipline and Performance Management The LRA clearly distinguishes between poor performance and misconduct. Poor performance, unlike misconduct, lacks the element of intent. The employee fails to meet the required performance standard due to some lacking, e.g. skills, qualifications or experience. Item 9 of the Code of Good Practice on Dismissal in Schedule 8 of the […]

Contracts of Service

Contracts of Service Should you employ or contract the service that you require? There are various ways to contract services, namely through an employment arrangement or an independent contractor relationship.  Here are some important: Contract of Employment Independent contractor The object of the contract is to render personal services. The object of the contract is […]