In Test

Contracts

Demotion as a disciplinary action

A demotion is when an employee’s status and/or remuneration is lessened. Although rarely used, employers sometimes elect to demote employees after a disciplinary inquiry was conducted, where the dismissal, as a disciplinary sanction, would have been justified. Demotion as a Legitimate Disciplinary Sanction Our Courts and the CCMA have recognised demotion as legitimate, subject to Demotion as a disciplinary action

Voluntary retrenchment agreements and packages

When a company contemplates retrenching employees, voluntary severance packages (VSP’s) are often offered. In terms of a VSP, an employee volunteers to be or agrees to be retrenched. The purpose of using VSP’s is to mitigate the adverse effects of the formal retrenchment process on the employees. These agreements need to be entered into freely Voluntary retrenchment agreements and packages

Changes to the Employment Terms and Conditions

In light of the current challenging economic climate within South Africa, a question that becomes prevalent is to which extent employers are entitled to vary the terms and conditions of their employees’ employment, if at all. Another critical question is what the consequences of the employee’s refusal of such change might be. Examples of such Changes to the Employment Terms and Conditions