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.

What approach did the constitutional court recently adopt, in NUMSA v Trenstar (Pty) Ltd (2023) 44 ILJ 1189 (CC)?

Is an employer entitled to rely on s68(1)(b) of the LRA to claim compensation for losses suffered during a protected strike/lockout?

In the scenario where an employer was not permitted to trade during the Covid-19 lockdown (i e hard lockdown), are the employees, who could not tender their services lawfully, entitled to their normal benefits, such as leave and bonus benefits?