This workshop will prepare you for avoiding unnecessary retrenchment, understanding the law of retrenchment and implementing retrenchments in a fair, effective and legally compliant manner.
Attend this highly interactive workshop and benefit by:
- Knowing the meaning and purpose of retrenchment
- Understanding the laws relating to retrenchment
- Comprehending acceptable and unacceptable reasons for retrenchment
- Following the legal procedure when retrenchments are contemplated
- Identifying possible ways of avoiding retrenchment
ABOUT YOUR PRESENTER
IVAN ISRAELSTAM, CEO of Labour Law Management Consulting, is a labour law and industrial relations specialist with an honours degree from The University of the Witwatersrand and an IPM diploma in Personnel Management and in Training. In addition to his 24 years of hands-on work in this field he is a regular labour law columnist for a number of newspapers and journals including “The Star” newspaper’s ‘Workplace”.
lvan was appointed in 1996 as a part time commissioner with the Commission For Conciliation, Mediation and Arbitration. He speaks regularly on television and radio and at conferences and seminars on subjects including labour law, Affirmative action, discipline, union negotiations and conflict management. Ivan is currently the Chairperson of SACOB’s Labour Affairs Committee and the main author of the “Labour Law for Managers Practical Handbook”.
In recognition of his distinctive contribution in this field Ivan has been included in the book “Who’s Who in Southern Africa”.
WORKSHOP OUTLINE
MEANING AND PURPOSE OF RETRENCHMENT – LOOKING INTO THE MORAL AND LEGAL PRINCIPLES
- Unavoidable Operational Requirements – No Fault Dismissal
- Redundancy
- Ulterior Motives
LEGISLATION SURROUDING RETRENCHEMENTS
- Labour Relations Act (LRA)
- Basic Conditions of employment Act (BCEA)
- Code of Good Practice
- Collective Agreements
- Case Law
RETRENCHMENT BENEFITS - BASIC CONDITIONS OF EMPLOYMENT ACT (BCEA) (SECTIONS 37 TO 42)
- Retrenchment Package
- Certificate Of Service
- Alternative Employment vs Payment of Package
LABOUR RELATIONS ACT (LRA)
- Reason for Retrenchment (section 188)
- operational circumstances
- Code of Good Practice
CRITERIA FOR CHOOSING POTENTIAL RETRENCHEES
- Fair and objective criteria
AUTOMATICALLY UNFAIR RETRENCHMENTS (SECTIONS 197 AND 187)
- What are takeovers as going concerns?
- Retrenchment for reasons of takeover
- Outsourcing (Rand Airport, University of Cape Town)
- Discriminatory retrenchments
- Victimisatory and retaliatory retrenchments
RETRENCHMENT PROCEDURE (SECTION 189)
- Section 189(3) notification
- Consultation
- With whom to consult
- Matters for consultation
DISCLOSURE OF INFORMATION
- Section 189(3)
- Section 16(6)
REHIRING WHEN NEW POSITIONS BECOME AVAILABLE [CODE OF PRACTICE 12(1) AND 12(2)]
PRACTICAL EXERCISE
LARGER EMPLOYERS (SECTION 189A)
- Defining a larger employer
- Minimum delay period
- CCMA facilitator
- Industrial action
- Pre-emptive applications to Labour Court by employees
SUMMATION
