Tag archives: facilitation

Changing the law of mass retrenchments – the Constitutional Court finds in favour of Edcon

By Karen Ainslie (ZA) on February 1, 2016 Posted in South Africa

This article was written by Verushka Reddy, a director at Norton Rose Fulbright South Africa On 22 January 2016, the Constitutional Court held that, where there is not a request for facilitation, the failure to refer a dispute to conciliation or retrenching employees before the expiry of the mandatory 30-day periods prescribed by section 189A of … Continue reading

Changing the law of mass retrenchments

By Karen Ainslie (ZA) on March 5, 2015 Posted in South Africa

This article was written by Verushka Reddy, a director at Norton Rose Fulbright South Africa Inc A failure to refer a dispute to conciliation or retrenching employees before the expiry of the mandatory 30-day periods prescribed are procedural flaws and do not result in the dismissals being invalid. The latest judgment relates to retrenchments in … Continue reading