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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.

October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?