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 | ||