When an Employer contemplates dismissing an employee/s for reasons related to operational requirements (retrenchment), an Employer is required to follow the procedure as set out in Section 189 in the Labour Relations Act. This can be a daunting procedure for both Employers and Employees. As such, the parties often look to concluding an amicable retrenchment […]
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What is an Employee paid when they are Retrenched?
In this week’s video I discuss all the various payments an employee is entitled to when they are retrenched. I start by discussing payments due when the employment relationship terminates (through the contract ending, resignation or dismissal), then payments due specifically when an employee is dismissed and then payments due when an employee is retrenched. […]
Section 189(3) Retrenchment Letter
You can download a template for a Section 189(3) Retrenchment Letter HERE. To get the most from the template and start your retrenchment off on the right foot – watch our video on How to draft a Section 189(3) retrenchment letter on our Youtube Channel.
Who represents Employees during a Retrenchment Consultation?
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 […]
Is your Retrenchment a Section 189 or Section 189A (Large Scale Retrenchment)
It is important for both Employers and Employees to know whether their retrenchment falls under Section 189 or Section 189A. Section 189A is commonly referred to as a large scale retrenchment. This article will help you determine whether yours is a Section 189 or Section 189A. A retrenchment is considered a Section 189A, when: Firstly […]