Fair Dismissals and Retrenchment Processes
Presenters : Chantelle de Sousa
Overview
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.
Learning objectives
Attending this webinar will equip you with the following skills:
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Understanding the legal framework governing dismissals and retrenchments in terms of the Labour Relations Act 66 of 1995.
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Develop the ability to implement procedurally fair termination processes, including compliance with Schedule 8 (Code of Good Practice: Dismissal).
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Enhance competency in conducting lawful retrenchments, including the application of sections 189 and 189A of the LRA.
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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.
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Understand litigation and dispute resolution arising from dismissal or retrenchment disputes, including effective representation at the CCMA or Labour Court.
Content
The webinar will cover the following topics:
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Legal Foundations of Termination of Employment.
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Statutory Framework: Labour Relations Act 66 of 1995
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Constitutional Rights and the Right to Fair Labour Practices
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The Code of Good Practice: Dismissal (Schedule 8)
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The Role of Collective Agreements and Contracts of Employment
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Forms of Dismissal and Grounds for Termination
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Misconduct-Based Dismissals
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Incapacity: Poor Performance and Ill Health
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Operational Requirements (Retrenchment)
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Automatically Unfair Dismissals
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Constructive Dismissal
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Dismissals Following Fixed-Term Contracts
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Procedural and Substantive Fairness in Dismissals
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Requirements for Procedural Fairness
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Requirements for Substantive Fairness
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Notice Requirements and Formulation of Charges
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The Role and Conduct of Disciplinary Hearings
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Representation, Record-Keeping, and Chairperson’s Duties
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Issuing and Drafting of Dismissal Notices
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Retrenchment Procedures in Terms of Sections 189 and 189A
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Distinguishing Section 189 from Section 189A
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Thresholds for Large-Scale Retrenchments
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Obligation to Consult and Procedural Requirements
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Selection Criteria and Fair Application
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Severance Pay, Final Payments, and Exit Documentation
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Alternatives to Retrenchment: Redeployment and Voluntary Packages
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Legal Consequences of Unfair Dismissals or Retrenchments
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Remedies Available at the CCMA or Bargaining Council
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Reinstatement, Re-employment, and Compensation Awards
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Costs Orders and Reputational Considerations
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Burden of Proof and Evidentiary Requirements
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Managing Disputes and Defending Claims
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Preparing for Conciliation and Arbitration
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Drafting and Submitting Employer Responses (Form F3)
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Bundle Preparation and Witness Identification
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Tactical Approaches in Labour Litigation
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Review and Appeal Procedures
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Ethical and Practical Considerations in Termination
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Good Faith in Consultation and Decision-Making
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Avoiding Retaliatory or Pretextual Dismissals
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Protecting Confidential Information and Employer Property
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Managing Internal Communication and Organisational Morale
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