1020 Retrenchment – part 2

1020 Retrenchment – part 2

R180.00

This article continues the discussion about the dismissal of employees for operational requirements of the employer.

 The article discusses and explains the duty of the employer to consult prior to effecting a retrenchment, the obligation to disclose information, and what happens if there is a refusal to consult. Each aspect of such consultation is discussed with reference to case law.

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Description

1020 Retrenchment – part 2

Table of Contents

  1. The retrenchment process – procedural fairness
  2. An overview of the process in terms of the LRA
  3. The initiation of the process: the proposal
  4. Consultation

4.1      The duty to consult

4.2      With whom must the employer consult?

4.3      Content of the consultation

  1. The employer’s obligations during the consultation process
  2. Refusals to consult
  3. Disclosure of information
  4. Matters for consultation

8.1      The reasons for the proposed dismissals

8.2      Alternatives to retrenchment

8.3      The number of employees likely to be affected an the job categories in which they are employed.

8.4      Method of selection

8.5      The time when, or the period during which, the dismissals are likely to take effect

8.6      Severance pay

8.7      Assistance offered to retrenched employees

8.8      Offers to re-employ

8.9      The number of employees employed by the employer

8.10    The number of employees that the employer has dismissed for reasons based on its operational requirements in the preceding 12 months.

 

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