If you are considering retrenchment this is a useful guideline to follow
Subject
|
Item | Yes/no – Reasons |
Consultation | Consultation is required before the decision to dismiss. Did the employer consult? | |
Whom did the employer consult with? | ||
Persons prescribed by a collective agreement | ||
Workplace forum | ||
A registered union | ||
Employees likely to be affected | ||
Did the parties consult on measures to avoid/minimise dismissals? Specify the measures considered and whether they can be implemented or not | ||
short time | ||
moratorium on new appointments | ||
early retirement | ||
voluntary retrenchment | ||
no overtime | ||
temporary lay-off | ||
Disclosure of information | Has the employer disclosed the following: | |
Reasons for the proposed dismissal | Reasons | |
Reasons for rejecting measures to avoid dismissals | Reasons | |
The number of employees likely to be affected and their job categories | ||
Proposed selection criteria | Criteria | |
Proposed timing of the dismissals | Timing | |
Proposed severance pay | Proposal | |
Proposed assistance to affected employees | Proposal | |
Representations | Has the employer allowed an opportunity for representations by the other party? | |
Formulate the representations | ||
Has the employer considered the representations? | ||
Has the employer furnished reasons if he disagrees with the representations? |
Reasons
|
|
Decision to dismiss | Have all possible measures to avoid dismissal been considered? | |
Is dismissal the only sanction? | ||
If so, when has the decision to dismiss been taken? | ||
Further consultation | Are the parties considering the following: | |
Changing the timing of the dismissals | ||
Selection criteria | ||
Mitigating the effect of the dismissals. Can the employer assist employees to find alternative employment
Will he re-employ retrenched employees
|
||
Notice pay | ||
Notice period | ||
Severance pay | ||
Administrative obligations | Has the employer complied with the following? | |
Given written notification of above | ||
Payment of outstanding wages | ||
Payment of notice pay. | ||
Payment of leave pay | ||
Payment of any other benefits due to employees (pro-rata bonus) | ||
Issuing of UIF card | ||
Issuing of certificate of service |