Fair Dismissals And Retrenchment Processes
Presenters : Chantelle de Sousa
Overview
This webinar provides a comprehensive and practical overview of fair dismissals and retrenchment processes within the South African labour law framework. It focuses on both substantive and procedural fairness, ensuring that employers and practitioners understand their legal obligations when terminating employment or implementing retrenchments. Emphasis is placed on minimising legal risks, ensuring compliance with applicable legislation, and applying best practices when managing workforce reductions.
Join Chantelle de Sousa as she unpacks the legal framework governing dismissals and retrenchments, providing a step-by-step guide to handling these processes fairly, lawfully, and effectively while mitigating the risk of disputes.
Learning objectives
Attending this webinar will equip you with the following skills:
-
Understand the legal framework governing fair dismissals and retrenchments
-
Distinguish between different types of dismissals and their legal implications
-
Apply the correct procedural and substantive fairness requirements
-
Navigate the Section 189 retrenchment process with confidence
-
Maintain proper documentation and records to support decision-making
Content
The webinar will cover the following topics:
• Labour Law Framework and Legal Principles
o Labour Relations Act (LRA)
o Basic Conditions of Employment Act (BCEA)
o Code of Good Practice: Dismissal
o Principles of substantive and procedural fairness
• Dismissals in the Workplace
o Types of dismissals (misconduct, incapacity, operational requirements)
o Automatically unfair dismissals
o Fair disciplinary processes
• Retrenchment Processes (Operational Requirements)
o Section 189 and 189A of the Labour Relations Act
o Consultation process and requirements
o Selection criteria and alternatives to retrenchment
o Notice requirements and severance pay
• Dispute Resolution and Risk Management
o CCMA and Bargaining Council referrals
o Labour Court implications
o Record keeping and documentation best practices