n Law, Democracy & Development - Dismissals for operational requirements




Dismissals for operational requirements are permitted by the Labour Relations Act. However, such dismissals must still pass the test for substantive and procedural fairness. Of great interest to labour are cases dealing with whether an employer who unilaterally changes terms and conditions of employment may dismiss the affected employee for operational requirements should that employee refuse to accept the new terms and conditions. Also of significance in the area of dismissals for operational requirements are the 2002 amendments to the LRA allowing labour to either strike or refer a matter to the Labour Court in the face of proposed retrenchments.


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