Critique of the Rationale of Dismissal for Operational Requirements

This work ventures into the murky waters of dismissal with specific emphasis on the rational for large-scale retrenchments. Termed dismissal for operational requirements in labour law parlance, this work focuses on the substantive nature of this form of dismissal especially in view of its deleterious impact on employees.Contentious among the various forms of dismissal is that of operational requirements which allows employers to retrench for various reasons including aspirational and distress changes to corporate viability. In this form of dismissal, the employees are not at fault, the stakes of rights are locked into municipal, constitutional, and international law battle of survival. This work is intended to shed more-light into the scrutiny of employers' decision in this form of dismissal where employment is terminated without any fault of employees, otherwise called no-fault dismissal.

Autorentext

Dr. Paul S. Masumbe, LLB (Yaoundé), LLM (Western Cape), LLD (Nelson R. Mandela School of Law, University of Fort Hare) is a Senior Lecturer, LLM supervisor and Head of Private Law in the Department of Legal Studies at Walter Sisulu University in South Africa. Prior to his current position, Dr. Masumbe was a Postdoctoral Research Fellow in Law.