Skip to main content

Article 13/2022

What are the stages identified when a restructuring exercise has been undertaken in the scenario where employees compete for new positions in such restructured organisation?

_____________________________________

In Pratten v Afrisun KZN (Pty) Ltd (2020) 31 SALLR 159 (LC), the labour court identified the following stages:

stages 1 and 2

  • during these stages, compliance with minimum criteria (e.g. minimum qualifications, applicable minimum experience, etc) are to be established
  • only those employees who comply with such minimum criteria are to be assessed in the assessment process where behavioural competencies are to be determined
  • those employees who do not comply with the said minimum criteria, do not participate in the subsequent stages and fall out of the process, subject to the employer attempting to find alternative employment

stage 3

  • only those employees who comply with the aforesaid minimum criteria are to proceed to stage 3, which stage entails, in essence, the assessment of behavioural competencies of such employees, in a ranking system (by means of psychometric testing)

stage 4

  • the results of stage 3 will determine whether or not employees are placed
  • should an employee fall out on the basis of such results, the employer will attempt to find alternative employment for the employee
  • however, successful candidates will only be placed if they accept the terms and conditions attached to the new restructured positions – if they do not accept such terms and conditions, they fall out of the process, subject to the employer attempting to find alternative employment
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?