When an Employer contemplates dismissing one or more Employees for reasons based on the Employer’s operational requirements (i.e. retrenchment), the Employer must consult with…..
Firstly – Any person whom the employer is required to consult with in terms of a collective agreement (this is usually in the case where an Employer belongs to a bargaining council and the bargaining council agreement regulates who should be consulted).
If the above is not applicable:
Secondly – A workplace forum, if there is a workplace forum in the organisation where the proposed dismissals are taking place (a workplace forum is formally established through the requirements detailed in the Labour Relation Act).
If the above is not applicable:
Thirdly – Any registered trade union whose members are likely to be affected by the proposed dismissals.
If the above is not applicable:
Fourth – Any representative nominated by the Employee.
PLEASE NOTE: Unlike disciplinary matters or incapacity matters, an Employee may be represented by someone outside of the organisation during a retrenchment consultation. It is not limited to a trade union representative or a fellow employee.
The above information is paraphrasing of Section 189(1) of the Labour Relations Act.