Retrenchments and transfer of businesses

Retrenchments and transfer of businesses

Section 1 – Retrenchment in terms of section 189 and 189A

Section 2 - Transfer of a business as going concern – section 197

• Substantive element – ETSOS – when can an employer consider retrenchments?

Module 2

• Procedural requirements – codified by the LRA
• Obligation on employer – invitation to consult

Module 3

The obligation to consult

• With whom must the employer consult?
• What are the requirements of consultation?
• What is the right time and how long to consult?
• Disclosure of information
• Representations by the participating stakeholders
• Dealing with non co-operative stakeholders

Module 4

• Defining the consensus seeking process – matters for consultation

Module 5

• The selection criteria
• Alternatives, means to avoid dismissals or minimise the effect thereof.

Module 6

• Severance pay and offers of alternative employment
• Re-employment opportunities
• Retrenchment of an individual – person or position?

Module 7

• Disputes about substantive issues – as crystallised by authorities
• Disputes about procedural issues – as crystallised by authorities
• Jurisdiction of the CCMA and the Labour Court

Module 8

Section 189 and 189A - Small scale retrenchments v big scale retrenchments

• Number of employees
• Strikes, lock-outs and secondary strikes related to big scale retrenchments
• Facilitation and the CCMA
• Time periods
• Collective agreements
• Applications to the Labour Court and interdicts

Section 2 - Transfer of a business as going concern – section 197

Module 9

• Defining "business" and "transfer" for the purpose of section 197

Module 10

• Status and obligations of the old and the new employer
• Rights of the employees – terms and conditions of employment and status

Module 11

• Disclosure and agreements between old and new employer
• Liability; and
• time periods

Module 12

• Transfer in the case of insolvency

Module 13

• Easy to understand examples of forms, letters, procedures and matrixes

Price:

• R 1590-00 (incl. Vat) per delegate
• Price include course material, certificates, legislation andcatering/refreshments

For further information contact:

• Magda or Peraldo (012) 661 3208
• Johanette 072 177 1966
• Fax: (012) 661 1411
• Email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Click here to download registration forms for Gauteng: 5 March 2010