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Analysing the onus issue in dismissals emanating from the enforcement of unilateral changes to conditions of employment

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dc.contributor.author Ismail, R
dc.contributor.author Tshoose, I
dc.date.accessioned 2012-09-03T08:57:05Z
dc.date.available 2012-09-03T08:57:05Z
dc.date.issued 2011
dc.identifier.citation Ismail, R. & Tshoose, I. 2011. Analysing the onus issue in dismissals emanating from the enforcement of unilateral changes to conditions of employment. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 14(7):147-172 [http://www.nwu.ac.za/p-per/index.html] en_US
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/7194
dc.description.abstract The main objective of this article is to analyse the issue of onus emanating from the enforcement of unilateral changes to conditions of employment. At the heart of the controversy that has faced the Labour Appeal Court was how to interpret dismissals that appear to be based on operational requirements, and yet at the same time, such dismissals also appear to have the effect of compelling an employee to accept a demand in respect of a matter of mutual interest between the employer and the employee. The core section in the Labour Relations Act 66 of 1995 relating to disputes of this nature is section 187(1)(c) of the Act, and the central enquiry to such disputes is whether they are automatically unfair or operationally justifiable. The fine line that determines whether a dismissal is acceptable or not merits an analysis of the overall onus that faces an employer and employee. This analysis is the focus of the article, which deals predominantly with procedural issues. The issue relating to the promotion of collective bargaining will be assessed against the right to dismiss, based on an analysis of the situation in South Africa, and a brief comparison with the situations in the United Kingdom and Canada. Thereafter, recommendations are made to the South African legislature. en_US
dc.language.iso en en_US
dc.subject Employee en_US
dc.subject Onus en_US
dc.subject Dismissals en_US
dc.subject Unilateral en_US
dc.subject Changes en_US
dc.subject Conditions en_US
dc.subject Employment en_US
dc.title Analysing the onus issue in dismissals emanating from the enforcement of unilateral changes to conditions of employment en_US
dc.type Article en_US


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