3/16/2024 0 Comments Labour relations act s a![]() ![]() The consultation process is significant and must precede the decision to retrench. It is trite that the provisions of section 189 are primarily concerned with procedural fairness, this section also serves a substantive purpose in that it seeks to ensure that the ultimate decision on retrenchment is properly and genuinely justifiable by a commercial rationale, taking into account what emerged during the consultation process. Section 189 provides that if an employer contemplates retrenching employees, the employer must consult with the employees. Sections 189 and 189A of the LRA give effect to this right in the context of retrenchments. ![]() The one purpose of the LRA is to give effect to employees’ constitutional right to fair labour practices. In the recent South African Labour Appeal Court (“ LAC”) decision of Total South Africa (Pty) Ltd v Meyer and others, the LAC, in addressing the issue of whether the decision to grant maximum compensation for a substantively and procedurally unfair retrenchment was exercised judicially, made significant remarks in respect of an employer’s obligation to comply with the procedural and substantive requirements of section 189 of the Labour Relations Act, 1995 (“ LRA”) prior to deciding to retrench. ![]() In the recent South African Labour Appeal Court (“LAC”) decision of Total South Afr. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |