Month: October 2016

Unsigned Contracts, What to Do!

09th September 2016 LABOUR BRIEF NO. 394 Contrary to popular belief there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations…

Courts Getting Stricter on Retrenchments

09th August 2016 LABOUR BRIEF NO. 393 When presiding over unfair retrenchment cases our courts have started to look much more closely than before at: • The circumstances of each case and • Whether there could have been some way of saving jobs • Whether the employer tried hard enough to save jobs.

Can you retrench a fixed-term employee?

06th July 2016 LABOUR BRIEF NO. 392 As an employer, you know you have the right to retrench employees. But you probably didn’t know it’s completely different when it comes to a fixed-term employee… You can’t just retrench fixed term employees! Unless you include a clause in the contract saying you can end the contract before…