An employer may also terminate the employment of any of it’s employees if it intends to restructure it’s workforce. The restructuring could be for any one of the following grounds: technical innovation , financial reasons and restructuring. If the employer cannot substantiate any one of those three grounds then a termination for operational requirements will not be considered substantively fair by the Courts. A referral can be made to the Labour Court if a termination of employment occurs for operational requirements.
Malcolm Lyons & Brivik Inc. have vast experience in Labour Courts nationally. A Statement of Case must be issued in the Labour Court. Strict time periods apply for any referral of a dismissal for operational requirements and there are also procedures of law which affect the manner in which a claim is handled depending on whether one or more people were dismissed.
Compensation is calculated as a factor of monthly remuneration up to a maximum of 12 months.
We accept matters on a no- win no- fee basis.
Should you wish to contact Malcolm Lyons & Brivik Attorneys Inc. to assist in any
retrenchments / unfair labour practice please contact us on:
Cape Town, Western Cape:
0861 MLB INC / (021) 425-5570
0861 MLB INC / (011) 268-669
With offices and representatives country wide from Cape Town and Johannesburg we are able to represent clients throughout South Africa.