THERE IS NO LEGAL OBLIGATION TO CONSULT EMPLOYEES DURING RETRENCHMENT: A BRIEF CRITIQUE OF FIRST MERCHANT BANK VS EISENHOWER MKAKA & OTHERS
ABSTRACT In First Merchant Bank v Eisenhower Mkaka& Others[i],the Supreme Court ruled that in terms of section 57(2) of the Employment Act there is no legal obligation for the employer to consult employees where he/she intends to retrench some due to the restructuring of the organization as part of its operational requirements. This was a […]