Retrenchments & Transfer of Business

Module 1 : DL12 - Retrenchments & Transfer of Business

This three-hour workshop provides an overview into the legal requirements of section 189 and 189A retrenchments and transfer of businesses in terms of section 197 of the LRA.

Who should attend? The ideal delegate would be managers, HR managers and officials and legal advisers.

Module 1 Session 1: Overview

• Introduction
• What is retrenchment
• Code of good practice on dismissals based on operational requirements
• The substantive requirement
• ETSOS requirements
• Consultation
• The procedural requirements
• When do you contemplate retrenchment?
• The Consulting parties
• The invitation notice

 Module 1 Session 2: The Consultation Process

• The consultation process
• Joint consensus seeking
• Topic to consult on
• The relationship between outsourcing and retrenchment
• Deadlock in consultations
• Appropriate measures to avoid dismissal
• Suitable alternative employment
• Selection criteria
• Severance package
• Disclosure of information
• Time frame of consultations
• Remedies

 Module 1 Session 3: Retrenchment ito section 189A and Transfer of Business

• Retrenchment ito section 189A
• Application of section 189A
• Procedures in terms of the section
• Appointment of a facilitator
• Process if facilitation is not requested
• Unfair procedure disputes
• Transfer of businesses in terms of section 197
• Defining transfer
• What is being transferred
• Automatic transfer
• Obligations of the employer
• Liability
• Automatic unfair dismissals and transfers
• Transfer of business - Insolvency