Retrenchments

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

 

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

5 March 2010: Southern Sun: OR Tambo International Airport

Module 1
  • 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

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

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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