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Labour Q&A with Terry Bell
Fin24 user Lesedi Moraka wants to know what is fair and valid in terms of the Labour Relations Act when it comes to dismissal based on operational requirements.
Terry Bell answers:
Hi Lesedi
I am not a labour lawyer, but the following is my reading of sections 189 and 190 of the Labour Relations Act.
In the first place, any employer contemplating any dismissal on the basis of operational requirements, must consult with those affected. Such consultation should focus on trying to avoid dismissals or mitigate the effects or numbers of dismissals and their timing. It should also be made clear what method was use to select which employees to be dismissed and what the severance pay should be.
Employers also have to give IN WRITING, the reasons for the proposed dismissals, what alternatives have been considered, and what assistance the employer is offering to employees likely to be dismissed, along with the possibilities of future re-employment. Provided these steps are followed and the criteria for selecting who is to be dismissed are "fair and objective", dismissals can proceed.
In cases of dismissals considered to be unfair, please consult the Commission for Conciliation Mediation and Arbitration (CCMA) whose services are free (avoid the legal touts who still tend to hover around CCMA offices).
Hope this is of help.
Terry
*Have a question for Terry? Drop us a line.
- Fin24
* Terry Bell is an independent political, economic and labour analyst. Views expressed are his own. Follow him on twitter @telbelsa.
Disclaimer: All articles and letters published on Fin24 have been independently written by members of the Fin24 community. The views of users published on Fin24 are therefore their own and do not necessarily represent those of Fin24.
Fin24 user Lesedi Moraka wants to know what is fair and valid in terms of the Labour Relations Act when it comes to dismissal based on operational requirements.
Terry Bell answers:
Hi Lesedi
I am not a labour lawyer, but the following is my reading of sections 189 and 190 of the Labour Relations Act.
In the first place, any employer contemplating any dismissal on the basis of operational requirements, must consult with those affected. Such consultation should focus on trying to avoid dismissals or mitigate the effects or numbers of dismissals and their timing. It should also be made clear what method was use to select which employees to be dismissed and what the severance pay should be.
Employers also have to give IN WRITING, the reasons for the proposed dismissals, what alternatives have been considered, and what assistance the employer is offering to employees likely to be dismissed, along with the possibilities of future re-employment. Provided these steps are followed and the criteria for selecting who is to be dismissed are "fair and objective", dismissals can proceed.
In cases of dismissals considered to be unfair, please consult the Commission for Conciliation Mediation and Arbitration (CCMA) whose services are free (avoid the legal touts who still tend to hover around CCMA offices).
Hope this is of help.
Terry
*Have a question for Terry? Drop us a line.
- Fin24
* Terry Bell is an independent political, economic and labour analyst. Views expressed are his own. Follow him on twitter @telbelsa.
Disclaimer: All articles and letters published on Fin24 have been independently written by members of the Fin24 community. The views of users published on Fin24 are therefore their own and do not necessarily represent those of Fin24.
