n Law, Democracy & Development - Effects on the employment relationship of the insolvency of the employer : a worker perspective
|Article Title||Effects on the employment relationship of the insolvency of the employer : a worker perspective|
|© Publisher:||University of the Western Cape|
|Journal||Law, Democracy & Development|
|Author||Peter Carolus, Thierry Galani and Tiemeni Kurt Ziervogel|
|Publication Date||Jan 2007|
|Pages||109 - 120|
|Issue||Special issue 1|
|Keyword(s)||African Municipal Workers Union, Ditsela and Social Law Project and High Court of South Africa|
The article looks critically at the Insolvency Act prior to the amendments of 2002 and the limited protection it gave workers on the insolvency of their employer. The effect of the Act was that workers' contracts of employment were automatically terminated by their employer's insolvency, leaving them with a limited preferent claim against the employer's insolvent estate. Since certain other creditors (such as the Revenue Service) ranked higher than employees, there was often little left for workers to recover.
Article metrics loading...