We recently wrote a blog here outlining the Retrenchment Process in South Africa. In this follow up blog, we delve slightly more into STEP 2 of the process by answering some of our most frequently asked questions. Click on the STEPS below to read more.
According to Section 189 of the Labour Relations Act, the Retrenchment Process should only take place after addressing four steps first. STEP 2 focuses on the JOINT CONSENSUS SEEKING PROCESS as follows:
STEP 1: THE CONSULTATION PROCESS
STEP 2: JOINT CONSENSUS SEEKING PROCESS
STEP 3: THE WRITTEN NOTICE
STEP 4: WHO SHOULD BE RETRENCHED
STEP 2: Section 189(2) – JOINT CONSENSUS SEEKING PROCESS
Once the employer has commenced the consultation process with one or more the selected persons in section 189(1) of the Act. The aim of the joint consensus seeking process is for the employer and the consulting parties:
- to avoid the dismissals
- to minimise the number of dismissals
- to change the timing of the dismissals; and
- to mitigate the adverse effects of the dismissals
- the method for selecting the employees to be dismissed
- the severance pay for dismissed employees
Malcolm Lyons and Brivik Attorneys are leading experts in the field of labour law in South Africa. Should you require assistance as either an employee or employer feel free to contact us through one of the channels below:
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