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Article 19/2021

Labour Edge

The scenario is as follows: an employer and employee conclude a retention bonus agreement.  The employer is in non-compliance with certain material aspects of such agreement.  The employee has not accepted such breaches.  Until when is the employer entitled to retract its position?

Traditionally it is said that repudiation is only ‘completed’ or rendered ‘absolute’ or ‘definite’ by its acceptance by the innocent party. Until there has been such acceptance the repudiation may be nullified or undone by the unilateral act of the innocent party (rejection of the repudiation) or the repudiator him-or herself (retraction of the repudiation). A repudiation is also said to lapse if it is not acted upon by the innocent party within a reasonable time.

 

February 16, 2026

Like its predecessor, namely, Schedule 8 to the LRA, the Code deals with probation. In the above regard, the following indicates the similarities between the Code and the said repealed Schedule 8:

February 13, 2026

The Code of Good Practice: Dismissal (the Code) in item 12 deals with dismissals and industrial action.

January 13, 2026

The Code of Good Practice on Dismissal (the Code) was promulgated in GG 53294 of 4 September 2025. The Code repealed Schedule 8 Code of Good Practice Dismissal and the Code of Good Practice Based on Operational Requirements (1999). The Code became effective on 4 September 2025.