APPLICATION OF SECTION 189 AND SECTION 189A OF THE LABOUR RELATIONS ACT 66 OF 1995 AS AMENDED by MAWETHU SIYABULELA RUNE Submitted in partial fulfilment of the requirements for the degree of MAGISTER LEGUM in the Faculty of Law at the Nelson Mandela Metropolitan University Supervisor: Doctor Pieter C Wagener March 2010 The employer must issue notices to the employees, who have been selected to be retrenched, after the consultation process has been completed. Legal reference Labour Relations Act, 1995: Code of Good Practice on Dismissal 2 (4) In cases where the dismissal is not automatically unfair, the employer must show that the reason for dismissal is a reason related to the employee's conduct or capacity, or is based on the operational requirements of the business. Section 183 - … Section 189 A applies to all employers with more than 50 employees if. If there is no collective agreement, meetings should be held with all employees that could be affected by the retrenchment. Employees are entitled to receive severance pay only if they are retrenched for operational requirements. 1.1) WHEN MUST CONSULTATION COMMENCE The Labour Relations Act requires that consultation must take place when the employer contemplates retrenchment. Retrenchments in terms of Sections 189 of the Labour Relations Act 06 February 2019 Often employers find themselves in difficult financial positions. Dismissal related to operational requirements – Section 189 of the Labour Relation Act View Larger Image In the past years we have seen employees embarking on nationwide strikes, which meant that there was no operation taking place in most companies due to the nationwide strikes during that period. Errors and omissions excepted (E&OE). Meaning of dismissal 187. Dismissals based on operational requirements 190. People who must be consulted with in terms of a collective agreement. The notice will also serve as an invitation to consult between the parties. Remedies for unfair dismissal and unfair labour practice 194. Notice pay (either in terms of the BCEA or as per employment contract). 189. The LRA provides for the disclosure of certain information by the employer on matters relevant to the consultation. The employer must consult with the above-mentioned individuals in writing. As a point of departure, the LRA requires that employers must consult with any person with whom it is required to consult in terms of a collective agreement (section 189(1)(a)). Other unfair dismissals 189. These are defined as requirements based on economic, technological, structural or similar needs of the employer. Section 189(1) of the LRA provides for a hierarchy in relation to consultation for purposes of restructuring exercises, known as the cascade principle. alternatives to dismissal; Appropriate measures to minimize the dismissals; Measures to change the timing of the dismissals; Appropriate measures to mitigate the effects of retrenchment; The method for selecting the employees to be dismissed; and, Alternatives to dismissal that were considered and the reasons why they were rejected, The number of employees likely to be affected, Assistance that the employer will be offering, Any outstanding leave due (up to date of dismissal); and. Cod of Conduct on Operational Requirements zukisangetu@gmail.com March 9, 2020 (1) This Labour Relations Act defines a dismissal based on the operational requirements of an employer as one that is… Read More »Retrenchment S189 OF THE LABOUR RELATIONS ACT NOTICE OF PROPOSED RETRENCHMENT IN TERMS OF SCTION 189(3) OF THE LABOUR RELATIONS ACT OF 1995 This letter serves to give you notice in terms of section 189(3) of the Labour Relations Act (LRA) of 1995 of a proposal to retrench you and, in this connection to invite you to engage with us in consultation with a view to reaching consensus on: How many people you employ and how many you are intending to retrench. Section 189 of the Labour Relations Act is applicable and prescribes a joint consensus seeking process in an attempt to reach consensus on appropriate measures (section 189 (2))- … The opportunity to make representations in relation to the consultation is a process not... 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