Retrenchments - what employers need to know
Farmer's Weekly|October 06, 2023
The retrenchment process is clearly set out in the Labour Relations Act and must be followed to ensure that it is substantively and procedurally fair
Christiaan Swart
Retrenchments - what employers need to know

Retrenchment is a no-fault termination of an employee’s services and is governed by Section 189 of the Labour Relations Act (LRA). Retrenchment becomes necessary when there are operational requirements from the employer’s side to reduce the workforce. Operational requirements are defined as requirements based on economic, technological, structural or similar needs of the employer.

The retrenchment process is set out in Sections 189 and 189A of the LRA.

It is important that each employer takes note that the retrenchment process must be instituted as soon as it is contemplated.

Employers are encouraged to commence with the process well in advance in order to establish whether there are any actions that can be taken to avoid retrenching any employees.

REASONABLE ALTERNATIVES

Employers must take note that the retrenchment process entails that all reasonable alternatives must be exhausted in order to try and prevent any retrenchments, and the courts have stated that retrenchment of any employee must be the last resort.

この記事は Farmer's Weekly の October 06, 2023 版に掲載されています。

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この記事は Farmer's Weekly の October 06, 2023 版に掲載されています。

7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。

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