Retrenchments

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Retrenchments and transfer of businesses

Section 1 – Retrenchment in terms of section 189 and 189A

Section 2 - Transfer of a business as going concern – section 197

 

Click here to download registration forms for Gauteng: 5 March 2010

5 March 2010: Southern Sun: OR Tambo International Airport

Module 1
  • Substantive element – ETSOS – when can an employer consider retrenchments?
 

Module 2

  • Procedural requirements – codified by the LRA
  • Obligation on employer – invitation to consult
 

Module 3

The obligation to consult

  • With whom must the employer consult?
  • What are the requirements of consultation?
  • What is the right time and how long to consult?
  • Disclosure of information
  • Representations by the participating stakeholders
  • Dealing with non co-operative stakeholders

 

Module 4

  • Defining the consensus seeking process – matters for consultation

 

Module 5

  • The selection criteria
  • Alternatives, means to avoid dismissals or minimise the effect thereof.

 

Module 6

  • Severance pay and offers of alternative employment
  • Re-employment opportunities
  • Retrenchment of an individual – person or position?

 

Module 7

  • Disputes about substantive issues – as crystallised by authorities
  • Disputes about procedural issues – as crystallised by authorities
  • Jurisdiction of the CCMA and the Labour Court

 

Module 8

Section 189 and 189A - Small scale retrenchments v big scale retrenchments

  • Number of employees
  • Strikes, lock-outs and secondary strikes related to big scale retrenchments
  • Facilitation and the CCMA
  • Time periods
  • Collective agreements
  • Applications to the Labour Court and interdicts

Section 2 - Transfer of a business as going concern – section 197

 

Module 9

  • Defining "business" and "transfer" for the purpose of section 197

 

Module 10

  • Status and obligations of the old and the new employer
  • Rights of the employees – terms and conditions of employment and status

 

Module 11

  • Disclosure and agreements between old and new employer
  • Liability; and
  • time periods

 

Module 12

  • Transfer in the case of insolvency

 

Module 13

  • Easy to understand examples of forms, letters, procedures and matrixes

 

Price:

  • R 1590-00 (incl. Vat) per delegate
  • Price include course material, certificates, legislation andcatering/refreshments

 

For further information contact:

  • Magda or Peraldo (012) 661 3208
  • Johanette 072 177 1966
  • Fax: (012) 661 1411
  • Email

Click here to download registration forms for Gauteng: 5 March 2010

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