Home South Africa News ConCourt rules on retrenchment negotiations

ConCourt rules on retrenchment negotiations


South Africa has seen massive job cuts last year and the trend seems to be continuing with companies like Telkom, Samancor Chrome, and Glencore serving retrenchment notices in the new year.

A judgment from the Constitutional court states if you are a minority union, you could be excluded from negotiating a retrenchment settlement.

The Court dismissed an appeal against a judgment handed down by the Labour Appeal Court allowing for a majority union to finalize retrenchment agreements with employers.

The agreement will be binding to everyone, even if minority unions and their members haven’t been consulted.

Labour Lawyer, Jonathan Goldberg from Global Business Solutions, explained the rationale behind the judgment is based on the principle of majoritarianism.

Goldberg said should individuals have reason to bring a case against their employer, they would still have the right to do so.

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Sbahle Mpisane

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Source: eNCA