Should there be a conflict between two pieces of legislation, then in terms of Section 210 of the Labour Relations Act 1995, it clearly states that the Labour Relations and its provisions will prevail. An interesting issue arose in terms of the Competition Act, where it is necessary for a business to advertise that certain employees will lose their jobs if a merger or take-over takes place.

This however cannot be done in terms of the Labour Relations Act as the consultation process must be adhered to before any decision can be made to dismissal for operational requirements. Clearly, the Labour Relations Act must be adhered to before legislation of this nature.

Contact Bernard Reisner 021 423 3959 or e-mail bernard@capelabour.co.za