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dc.contributor.authorNewaj, Kamalesh
dc.contributor.authorVan Eck, Stefan
dc.date.accessioned2017-05-08T07:33:21Z
dc.date.available2017-05-08T07:33:21Z
dc.date.issued2016
dc.identifier.citationNewaj, K. & Van Eck, S. 2016. Automatically unfair and operational requirement dismissals: making sense of the 2014 amendments. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektoniese regsblad (PER), 19(1):1-30 [http://www.nwu.ac.za/p-per/index.html]en_US
dc.identifier.issn1727-3781
dc.identifier.urihttp://hdl.handle.net/10394/21723
dc.description.abstractThis article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), where the reason for the dismissal is to "compel the employee to accept a demand in respect of any matter of mutual interest". This provision raised important questions of law, as it brought to the fore the conflict that existed between this provision and sections 188(1)(a)(ii) and 189 of the LRA, which permits dismissals for operational requirements. This dichotomy was dealt with by the court in Fry's Metals (Pty) Ltd v National Union of Metalworkers of SA 2003 ILJ 133 (LAC), but the decision was controversial and faced criticism. The decision of the court was consequently rendered incorrect, resulting in the amendment to s 187(1)(c), which now reads that a dismissal is automatically unfair if the reason for the dismissal is a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer. However, it is doubtful whether the amended provision provides a solution to the contradiction that exists. Resultantly, this article seeks to critique the amendment and to make recommendations regarding the regulation of this part of labour law.en_US
dc.language.isoenen_US
dc.subjectAmendments to the Labour Relations Act (LRA)en_US
dc.subjectAutomatic unfair dismissalen_US
dc.subjectDismissal on grounds of operational requirementsen_US
dc.subjectDisputes of interesten_US
dc.subjectDisputes of righten_US
dc.titleAutomatically unfair and operational requirement dismissals: making sense of the 2014 amendmentsen_US
dc.typeArticleen_US


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