Ensuring that dismissals and retrenchments are carried out in a procedurally fair and legally compliant manner is essential under South African labour law. Employers and practitioners who overlook these requirements expose themselves to serious legal and reputational risks.
This session will provide a practical framework for managing dismissals and retrenchment, equipping you with the tools to ensure that termination processes are lawful, defensible and aligned with the Labour Relations Act.
Join SALA as he discusses practical steps involved in conducting fair dismissals and retrenchments.
Attending this webinar will equip you with the following skills:
Understanding the legal framework governing dismissals and retrenchments in terms of the Labour Relations Act 66 of 1995.
Develop the ability to implement procedurally fair termination processes, including compliance with Schedule 8 (Code of Good Practice: Dismissal).
Enhance competency in conducting lawful retrenchments, including the application of sections 189 and 189A of the LRA.
To enable legal and HR professionals to identify and mitigate legal risks arising from flawed dismissals, including the potential for reinstatement, compensation and reputational damage.
Understand litigation and dispute resolution arising from dismissal or retrenchment disputes, including effective representation at the CCMA or Labour Court.
The webinar will cover the following topics:
Legal Foundations of Termination of Employment.
Statutory Framework: Labour Relations Act 66 of 1995
Constitutional Rights and the Right to Fair Labour Practices
The Code of Good Practice: Dismissal (Schedule 8)
The Role of Collective Agreements and Contracts of Employment
Forms of Dismissal and Grounds for Termination
Misconduct-Based Dismissals
Incapacity: Poor Performance and Ill Health
Operational Requirements (Retrenchment)
Automatically Unfair Dismissals
Constructive Dismissal
Dismissals Following Fixed-Term Contracts
Procedural and Substantive Fairness in Dismissals
Requirements for Procedural Fairness
Requirements for Substantive Fairness
Notice Requirements and Formulation of Charges
The Role and Conduct of Disciplinary Hearings
Representation, Record-Keeping, and Chairperson’s Duties
Issuing and Drafting of Dismissal Notices
Retrenchment Procedures in Terms of Sections 189 and 189A
Distinguishing Section 189 from Section 189A
Thresholds for Large-Scale Retrenchments
Obligation to Consult and Procedural Requirements
Selection Criteria and Fair Application
Severance Pay, Final Payments, and Exit Documentation
Alternatives to Retrenchment: Redeployment and Voluntary Packages
Legal Consequences of Unfair Dismissals or Retrenchments
Remedies Available at the CCMA or Bargaining Council
Reinstatement, Re-employment, and Compensation Awards
Costs Orders and Reputational Considerations
Burden of Proof and Evidentiary Requirements
Managing Disputes and Defending Claims
Preparing for Conciliation and Arbitration
Drafting and Submitting Employer Responses (Form F3)
Bundle Preparation and Witness Identification
Tactical Approaches in Labour Litigation
Review and Appeal Procedures
Ethical and Practical Considerations in Termination
Good Faith in Consultation and Decision-Making
Avoiding Retaliatory or Pretextual Dismissals
Protecting Confidential Information and Employer Property
Managing Internal Communication and Organisational Morale