1060 Severance pay disputes

Description

Table of Contents

1.     Introduction

2.     The nature of severance pay

3. How much severance pay must be paid?

4.     When is an employee entitled to be paid severance pay?

a.      Employment relationship

b.     Dismissal for operational requirements

c.      Continuous employment

5.     When is a retrenched employee not entitled to severance pay?

a.      The offer of alternative employment

b.     If an employee finds other employment himself, is he entitled to severance pay?

c.      What if the employee accepts the  offer?

6.     When is the employee’s refusal of the offer of alternative employment unreasonable?

7.     Severance pay disputes

8.     Summary of the elements of severance pay disputes

a.      ‘Elements’ of a dispute over whether the employee is entitled to severance pay

b.      Dispute: Whether the employee’s refusal of the offer of alterative employment was reasonable