The status of employees transferred in terms of section 197 of the labour relations act

When a business is sold as a going concern, the Labour Relations Act (“The LRA”) provides that a contract of employment transfers automatically from the old to the new employer. The dual purpose of section 197 of the LRA is to facilitate commercial transactions and protect the security of employment of employees in the process. However, it is important to note that the new employer has an exercisable discretion to accept or…

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Labour Law

Waiting at the CCMA Johannesburg to assist our client with her Conciliation today. Her employer unilaterally changed the terms and conditions of her employment after she reported a case of sexual harassment to management.Contact CGG INC. Attorneys for assistance with any labour matter.

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Have you been dismissed for poor work performance?

Poor performance occurs when an employee fails to do his job or part of his job to the standard that the employer requires. After probation, an employee should not be dismissed for unsatisfactory work performance unless the employer has- Given the employee appropriate evaluation, instruction, training, guidance or counselling; and After a reasonable period of time for improvement, the employee continues to perform unsatisfactorily. The Employer should prove that the employee’s performance…

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