1050 Assessing retrenchment disputes

1050 Assessing retrenchment disputes

R180.00

This is the fourth article in the series discussing retrenchment of employees.

 This article considers how the courts have decided if a retrenchment is fair. Each aspect of the decision is discussed with reference to appropriate case law. The aim of this article is to guide parties who have arbitrated their dispute ats the CCMA. Bargaining council or by way of the Arbitration Act, 1956, and to illustrate how to approach and present their case, recognising at the same time how the evidence will be assessed

Category: Tags: , , , ,

Description

1050 Assessing retrenchment disputes

Table of Contents

  1. The assessment of a retrenchment: the test to be applied

1.1      The differential approach

1.2      To scrutinize the employer’s rationale for the dismissals

  1. Dispute resolution process of s 189A disputes
  2. Assessing the substantive fairness of a retrenchment

3.1      Selection criteria

3.2      Alternatives to retrenchment

3.3      The assessment of the procedural fairness of a retrenchment

3.4      Disclosure of information

3.5      Consultation

3.6      Severance package

  1. Remedy for unfair retrenchment

 

Reviews

There are no reviews yet.

Only logged in customers who have purchased this product may leave a review.

Related products