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8 sie 2024 · The Labour Court cautioned that this judgment should not be taken as precedent that issuing a section 189(3) notice is not mandatory. Where the mandatory provisions are departed from, each case has to be decided on its own merit regarding substantial compliance with section 189(3).
Section 189 states the following: “(1) When an employer contemplates dismissing one or more employees for reasons based on the employer’s operational requirements, the employer must consult—. (a) any person whom the employer is required to consult in terms of a collective agreement;
A publication detailing the aspects of retrenchment and the transfer of business and the requirements of the LRA in terms of section 189 and 197.
27 lip 2023 · Under the Labour Relations Act (LRA) of South Africa, employers must issue a formal written notice, known as a Section 189 notice, to the affected employees and relevant trade unions. The notice should outline the reasons for retrenchment, the number of employees affected, and the proposed retrenchment date.
The starting point is that the LRAA has created a differentiated approach to dismissals for operational reasons. The new approach, embodied in section 189A, will only apply to employers with 50 or more employees and only if the number of contemRiated dismissals during a twelve-month period exceeds certain thresholds.
The most common element that lands employers in the Labour Court seems to be the reason for retrenchments. Procedurally, retrenchments are not a problem – the procedure is clearly laid down step-by-step in section 189 and 189A of the Labour Relations Act.
21 wrz 2018 · Section 189 of the Labour Relations Act (hereinafter called “the Act”) relates to the dismissal of employees based on operational reasons and prescribes a very clear procedure to be followed in the event of such retrenchments.
