Consultation topics South African labour law

1 consultation topics

1.1 measures avoid dismissals
1.2 measures minimize number of dismissals
1.3 measures change timing of dismissals
1.4 measures mitigate adverse effects of dismissals
1.5 criteria dismissal , severance pay

consultation topics

section 189(2) of lra provides employer , other consulting parties must engage in meaningful joint process, attempting reach consensus on

appropriate measures

to avoid dismissals;
to minimize number of dismissals;
to change timing of dismissals; and
to mitigate adverse effects of dismissals;


the method selecting employees dismissed; and
the severance pay dismissed employees.

measures avoid dismissals

there must proper consideration of alternatives. employer must apply mind proposals and, if applicable, give defendable reasons dismissing these alternatives , coming conclusion dismissal solution.

possible alternatives include following:

granting paid or unpaid leave;
reducing or eliminating overtime or work on sundays;
transferring employees other departments; and
training or retraining employees enable them take other positions in organisation.

the parties may consider spreading dismissals out on period of time allow natural attrition of numbers through retirements or resignations.

measures minimize number of dismissals

once dismissals have been agreed solution, number of dismissals must kept minimum. may mean

transferring employees other sections or departments;
asking volunteers means of offering voluntary severance package;
allowing natural attrition of numbers; or
training or retraining.

measures change timing of dismissals

while employer may prefer dismissals immediate, union may prefer them spread on period of time, or take place @ later stage.

measures mitigate adverse effects of dismissals

the employer may, example, assist employee in finding alternative work giving employee time without loss of pay search alternative work.

the employer may make office available in complete job applications , arrange interviews.

the employer may provide reference employee.

in sikhosana v sasol synthetic fuels, court noted lra contemplates hierarchy of consulting parties, each if applicable excluding successors. courts apply section 189(1) strictly. held that, although appropriate measures mitigate adverse effects of dismissals should taken, employers not required actively seek alternative work retrenched employees.

the employer may undertake give priority dismissed employee should vacancy arise.

criteria dismissal , severance pay

consensus must reached on criteria used select employees dismissed , amount of severance pay employee entitled to.