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Barriers to the Making or Breaking of Severance Pay

Authors: Rochelle le Roux; Euraeffie Oppon;

Barriers to the Making or Breaking of Severance Pay

Abstract

The retrenchment and severance pay provisions in the Labour Relations Act 66 of 1995 (LRA) cannot be reviewed without analysing the supporting provisions of s 41 of the Basic Conditions of Employment Act 75 of 1997 (BCEA), specifically the relationship between s 41(4) and s 84(2) of the BCEA and the jurisprudence on these provisions to date. Ultimately, the courts’ reasoning is that s 41(4) of the BCEA ensures employment security by deterring employers from retrenching employees by paying severance pay, and conversely by ensuring that employees do not unreasonably refuse alternative employment in an effort to frustrate the retrenchment process or to secure a severance payment instead. Further focal discussion points in this article are the determination of the reasonableness of rejecting alternative employment, the length of the interruption(s) in the employment period, and the calculation of severance pay that is due to affected employees (taking into account any prior payments already made to the employees). Additionally, the impact of contractually agreed severance pay on the BCEA statutory provisions is considered and recent jurisprudence in this regard is critiqued.

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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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