is an invaluable guide for labour law practitioners, post graduate students, union officials, commissioners/arbitrators, HR managers and directors, labour consultants and judges. The provincial government of Gauteng took the decision to remove persons with psychosocial and intellectual disabilities from government health institutions to reduce spending on their healthcare.It is available from Lexis Nexis online bookstore at https://store.za/products/retrenchment-law-in-south-africa-sku ZASKUPG2174 Many thanks to Godfrey Kangaude, LL. The implementation process was poorly planned, rapidly executed and chaotic.While it is fairly obvious that a retrenchment that is not truly based on the employer’s operational needs, but an underhanded attempt to get rid of, for instance, poor performers, will be substantively unfair, the potential for substantive unfairness does not stop there.Legislation requires the employer to first give notice and then to consult with affected employees on a number of topics.The BCCSA said the SABC "has not breached any of the provisions of the code of conduct" and advised that going forward the broadcaster will be liable to place an additional audience advisory whenever "ultra-suggestive sex scenes" will be shown.
The legislature had chosen to express substantive fairness with reference to the employee’s misconduct or incapacity and the operational requirements of the employer.
Learning from previous mistakes is vital for progress.
Focus should be directed on how to avoid making similar mistakes in the future.
"As much as we followed proper protocol and were not guilty, we have learnt to be more cautious and will take our viewers' feedback seriously.
Most employers and employees have a broad understanding that the fairness of a dismissal rests on both a substantive and a procedural leg.