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
- 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
- Unfair procedure disputes
Module 8 : Transfer of businesses in terms of section 197
- When is it a transfer for the purpose of the section
- What is being transferred
- Section 197(6) agreements
- Obligations of the employer
- 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