cs executive Case study of industrial labour and general laws
Q. Company ABC is in the process of dismissing employees basedon the operational requirements of the business and has complied with all thesubstantive and procedural requirements for such dismissals to be fair.However, it managed to find employment for employee X at Company KK. X refusesto take up this employment because he first wants to go on holiday. Is Xentitled to severance pay from ABC?
Ans. An employee dismissed on operationalrequirements of the employer, the employer must pay the employee severance payequal to one weeks pay for each completed year of service with that employee.In terms of Section 41 of the BCEA, an employee who unreasonably refuses toaccept alternative employment with that or any other employer, is not entitledto severance pay. The question therefore is whether X’s refusal to take upemployment at Company KK due to X first wanting to go on holiday constitutesunreasonable refusal of the employment offer. Reasonableness is determined by aconsideration of the reasonableness of the offer of alternative employment andthe reasonableness of the employee’s refusal. In the first case, objectivefactors such as remuneration, status and job security are relevant. In thesecond case, the employee’s personal circumstances play a greater role.