Adjudicating Layoffs and Short Time

Author Alan Rycroft

ISSN: 2413-9874
Affiliations: Professor Emeritus, Faculty of Law, University of Cape Town
Source: Industrial Law Journal, Volume 44 Issue 3, 2023, p. 1432 – 1443


Disputes arising from the introduction of short time or layoffs face the difficulty of being framed incorrectly, often resulting in unsatisfactory arbitral awards or court judgments. Whether short time or a layoff is an unfair labour practice, or an unfair dismissal, or a unilateral change to terms and conditions depends on various factors. The principles from the relatively few reported cases are outlined for future adjudicators to consider. The content of an agreement for short time and layoff is suggested.