Article 12/2022

What are the different phases to be adopted in formulating a strategic organisational redesign model?

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Phase 1 should entail assessing the environment within which the organisation operates in respect of threats and opportunities, industry analysis, etc.

Phase 2 should focus specifically in assessing the organisation in respect of identified and relevant considerations, such as core competencies, organisational capabilities, culture, stakeholders, business patterns, value creation, etc.

Having executed phases 1 and 2, the strategic organisational team should be in a position to formulate the strategic intent to be adopted in such exercise – Phase 3.

Phase 4 entails the actual strategic organisational design, dealing with strategic groupings, strategic linking, alignment and value creation – this is, in essence, the restructuring process envisaged by the Labour Relations Act.

Phase 5 entails the continual aligning of the identified strategic intent with implementation that should result in the required strategy implementation.

June 12, 2025

In terms of s34(1) of the BCEA, an employer may not make deductions from an employee’s remuneration unless, subject to s34(2), the employee agrees, in writing, or the deduction is made in terms of a law, collective agreement, court order or arbitration award.

June 5, 2025

A case is moot and therefore not justiciable if it no longer presents an existing or live controversy. With reference to National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others [1999] ZACC 17; 2000 (2) SA 1 (CC), how did the supreme court of appeal, in Mhlontlo Local Municipality and Others v Ngcangula and Another (2024) 35 SALLR 132 (SCA) recently deal with this issue?

May 29, 2025

The principle underlying the doctrine of peremption is that no person can be allowed to take up two positions inconsistent with one another, or, as is commonly expressed, to blow hot and cold, to approbate and reprobate when considering pursuing litigation. With reference to Qoboshiyane NO v Avusa Publishing Eastern Cape [2012] ZASCA 166; 2013 (3) SA 315 (SCA), what is the test to be applied to determine whether or not a party has perempted its right to institute legal proceedings?