Welcome

Anti Essays offers essay examples to help students with their essay writing.

Sign Up

Miss Essay

  • Submitted by: Waffles89
  • on September 18, 2012
  • Category: Miscellaneous
  • Length: 421 words

Open Document

Below is an essay on "Miss" from Anti Essays, your source for research papers, essays, and term paper examples.

For economic, technical or structural reasons employers are often compelled to review their staffing levels and to terminate the employment of some of their to make a saving, such form of termination are dismissals on the basis of operational requirements and are more commonly know as retrenchments. Retrenchments are categorised as "no fault" dismissals, meaning that there is not any fault on the part of the employee for the dismissal. For this reason the law for dismissals based on operational requirements is more prescriptive in the terms, substance and procedure that employers must follow, than in the case of a dismissal for incapacity or misconduct. The purpose of this prescription is to obtain a balance between   employer’s right to efficiency of trade and the employee’s right to not be unfairly dismissed. This paper will examine the case law and Labour Relations Act (LRA) to determine how this balance is achieved.
Section 213 of the LRA defines operational requirements as “economical, technological, structural or similar needs of the employer." Employers often utilise dismissals based on operational requirements as a disguise for what is in actual fact a dismissal based on misconduct or incapacity thus it is important for the courts to closely examine a dispute of unfair dismissal for operational requirements. In the case of SACTWU & others v Discreto, the Labour appeal Court held that 'for the employee, fairness is found in the requirement of consultation prior to a final decision on retrenchment’. Therefore the decision to dismiss the employee is the last decision to be made in the process, and not the first decision. Furthermore the SACTWU & others v Discreto states that the ultimate purpose of consultation is to ensure that the decision to dismiss the employee is properly and genuinely justifiable by operational requirements. The onus is on the employer in disputes of unfair dismissal for operational requirements to show that the decision to dismiss the...

Show More


Citations

MLA Citation

"Miss". Anti Essays. 10 Dec. 2018

<http://parimatch-stavka7.com/free-essays/Miss-309899.html>

APA Citation

Miss. Anti Essays. Retrieved December 10, 2018, from the World Wide Web: http://parimatch-stavka7.com/free-essays/Miss-309899.html


Ceramica elettrico | Rail Wars! | Generating a Business Idea with Limited Funds: Activity