NUMBER OF EMPLOYEES AFFECTED AND OPERATIONAL REASONS -
Answer✔️✔️-- big and small employers
- large- and small-scale retrenchments
BIG EMPLOYER - Answer✔️✔️-- employs more that 50 employees
SMALL EMPLOYER - Answer✔️✔️-- employer that employs fewer than 50 employees
LARGE-SCALE RETRENCHMENT - Answer✔️✔️-1. employer employs more than 50 but
not more than 200 employees and 10 employees are dismissed; or
2. the employer employs more than 200, but not more than 300 employees, and 20
employees are dismissed, or
3. the employer employs more than 300, but not more than 400 employees, and 30
employees are dismissed, or
4. the employer employs more than 400, but not more than 500 employees, and 40
employees are dismissed, or
5. the employer employs more than 500 employees, and 50 employees are dismissed.
SUBSTANTIVE FAIRNESS - Answer✔️✔️-In context will mean that the employer must
truly have a economical, technological, structural or similar need to dismiss employees.
KOTZE v REBEL DISCOUNT LIQUOR GROUP PTY LTD - Answer✔️✔️-- court should
not "second guess" the employers commercial reasons for taking a specific decision to
retrench employees.
- later decisions courts adopted a stricter approach and held that employers version
would not merely be accepted on face value.
- Court itself should determine whether retrenchment has a reasonable basis and
commercial rationale.
Page | 2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller SophiaBennett. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R195,54. You're not tied to anything after your purchase.
