Feb 16, 2021

Episode 63: Automatic Unfair Dismissal In Terms Of Section 187(1)(c)

In this podcast, SEESA Labour law experts, Ryan King and Johan du Plessis take a closer look at the recent decision of the constitutional Court in NUMSA & Others v Aveng Trident Steel. The main issue considered by the court was whether, on a plain reading of sec 187(1)(c) a dismissal is automatically unfair for rejecting a demand that arises as a result of the employer’s operational requirements. They discuss how this ruling can assist employers when they need to change employee’s working conditions as an alternative to retrenchments.

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