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Retrenchments

 

 

25 June 2020 (09:00 - 12:30) Interactive Online Course

 

 

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Click here to download registration forms for 25 June 2020 (09:00 - 12:30) Interactive Online Course

 

 

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Table of contents 

 

Module 1.         Introduction

 

Module 2.         Operational requirements defined

 

Module 3.         Three grounds on which a termination of employment might be legitimate

 

Module 4.         Section 189: Dismissals for operational requirements of the Labour Relations Act

  • Voluntary retrenchment

  • Who must the employer consult with (section 189{1})

  • The purpose of consultation

  • Duration and consensus seeking process

  • Written notice inviting the other party to consult and disclose all relevant information

  • Alternatives to a dismissal to be raised by affected employees

  • Duration of consultations

 

Module 5.         Substantive and procedural fairness

 

Module 6.         Representations by affected employees and/or their representatives

 

Module 7.         Selection criteria

 

Module 8.         Severance pay and other payments

 

Module 9.         Large scale retrenchments in terms of section 189A

  • The appointment of a facilitator

  • Time frame in which a facilitator must perform his/her duties

  • If parties decide not to make use of a facilitator

 

Module 10.       Notice of the commencement of a strike

  • When may a consulting party not give notice of a strike or refer a dispute to the Labour Court?

 

Module 11.       The Labour Court

  • Application in terms of section 189 A (13) – Fair procedure

  • Adjudication of a dispute about procedural fairness

  • The employee may refer the dispute to the Labour Court for adjudication s191(5)(b)(ii)

 

Module 12.       Notable judgements by the South African Labour Courts

 

Who should attend?

Senior Management, HR Managers, Line Managers, Union representatives.

 

Course outcome

  • After completion of the workshop participants should have a clear understanding on how to deal with retrenchments;

  • The workshop will enable delegates to understand the process as well as the reasons for the retrenchments;

  • The workshop will guide delegates on how to deal with the difficult and unpleasant retrenchment procedure;

  • Delegates should have an understanding with regards to the reasons for the dismissals, consensus-seeking process, alternatives raised by the affected employees, the written notice and possible alternative employment.

 

Price:  

  • R 1950-00 (incl. Vat) per delegate 

 

For further information, contact:

  • Hanlie or Peraldo  (012) 661 3208

  • Email or  

 

  

Online booking form

  

Click here to download registration forms for 25 June 2020 (09:00 - 12:30) Interactive Online Course

 

 

 

 

 

 

 

 

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

Read More >>>

 

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

Read More >>>

 

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

Read More >>>

 

Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

Read More >>>

 

 

 

 

 

 

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