C12 - Retrenchments & Transfer of Business

Module 1 : Introduction

• Code of good practice on dismissals based on operational requirements

Module 2 : The substantive requirement

• Unpacking ETSOS requirements
• The real reason for retrenchment
• Economic downfall as requirement
• Changes to terms and conditions of employment and retrenchment

Module 3 : Procedural requirements

• Why the procedural requirements
• What does the LRA require?
• The synergy between procedural and substantive requirements

Module 4 : How do I retrench?

• The Consulting parties
• With whom must the employer consult?
• When do you contemplate retrenchment?
• The invitation notice
• Time frame for retrenchments
• Measures to avoid, minimize retrenchment

Module 5 : The consultation process

• The process - joint consensus seeking
• What must the parties consult on?
• Deadlock in consultations
• The relationship between outsourcing and retrenchment
• Suitable alternative employment
• Selection criteria
• Severance package
• Disclosure of information
• Re-employment
• Single employee retrenchments

Module 6 : Remedies and Jurisdiction

• Remedies and jurisdiction of the CCMA and Labour Court

Module 7 : Retrenchment ito section 189A

• When does the section apply?
• Procedures in terms of the section
• The role of the commission
• The role of the facilitator and when to appoint a facilitator
• Strikes
• Unfair procedure disputes

Module 8 : Transfer of businesses in terms of section 197

• Introduction
• When is it a transfer for the purpose of the section
• What is being transferred
• Section 197(6) agreements
• Obligations of the employer
• Liability
• Automatic unfair dismissals and transfers
• What rights do the transferred employees have
• Transfer and retrenchment

Module 9 : Section 197A and 197B

• Section 197A and 197B