Course Name
C12 - Retrenchments & Transfer of Business
Course Description
This one day course provides a unique insight into the legal requirements of section 189 and 189A retrenchments and transfer of businesses in terms of section 197 of the LRA. A critical view is cast at Labour court and Labour Appeal court judgements relating to the interpretation of the sections of the LRA and provides valuable practical advice on the procedure to follow when retrenching or taking over a business or part of a business. Who should attend? The ideal delegate would be managers, HR managers and officials and legal advisers.
1 day
R2 950.00

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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