OPERATIONAL REQUIREMENT DISMISSALS

Note that Worklaw has developed a set of Retrenchment Guidelines to assist our subscribers in ensuring that any retrenchments they implement are carried out fairly and in accordance with labour legislation. Click here to access them.The Guidelines are a practical guide and contain checklists, draft notices to consult, draft retrenchment agreements, and draft termination of employment notices.

1. Dismissals must be procedurally and substantively fair

2. The duty to consult

3. The duty to disclose information

4. Who must be consulted

5. The duration of consultation

6. Alternatives to retrenchment

7. The decision to retrench

8. Selection criteria

9. The right to severance pay

10. Preference for re-hiring

11. Restructuring for greater profitability

12. Dismissals based on operational requirements by employers with more than 50 employees