Hi all,
I would like to understand whether inefficency amounts to misconduct or termination of an inefficent employee can be under retrenchment. I am looking for case law which states that inefficency amounts to misconduct and termination for inefficency is/is not retrenchment. I have not found any specifc regualtion which defines inefficeny as misconduct. Even though, the section for retrenchment under the ID Act states "any reason whatsoever" I have found articles on the internet which state that termination for inefficency is not retrenchment. However, these articles do not provide an supporting case law.
Thanks
I would like to understand whether inefficency amounts to misconduct or termination of an inefficent employee can be under retrenchment. I am looking for case law which states that inefficency amounts to misconduct and termination for inefficency is/is not retrenchment. I have not found any specifc regualtion which defines inefficeny as misconduct. Even though, the section for retrenchment under the ID Act states "any reason whatsoever" I have found articles on the internet which state that termination for inefficency is not retrenchment. However, these articles do not provide an supporting case law.
Thanks