COMMENT: Identifying three possible disputes that may be a real issue in South Africa.
Not only has the Covid-19 pandemic caused chaos in the personal lives of all persons but it has and still will bring major changes in employment law.
Case law suggests that consultation and the employee’s consent is a requirement that employers must adhere to. Inthe employer offered the employee an alternative position at a lower salary because of the employer losing a major client that had made a significant contribution to the company. Although the reason for the demotion and salary cut was seen as fair, the demotion and salary cut itself was not.
The Labour Relations Act , by incorporating this provision, was intending to prevent employers from avoiding “unfair dismissals” by contracting with employees on fixed-terms contracts then relying on the termination of one of them as an automatic termination rather than termination at the initiative of the employer.
, the court held that the employer ought to prove that the reason for dismissal was for operational requirements and that the requirements of the Act had been adhered to. Inthe court held that the employer ought to prove that there were no other feasible alternatives to the retrenchment.SA Transport and Allied Workers and others vs Aviation Secure Solution
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