Proper retrenchment procedure
Labour & UIF
When a retrenchment is raised, write down the reason given and the question you need answered. The draft dismissal wording requires that dismissals be based on legitimate reasons. The draft wording also requires that employees be treated fairly, given an opportunity to respond, and not dismissed arbitrarily. Use this page to prepare focused questions about your response and any later challenge. It is not a full workplace process or filing checklist.
Official downloads
Labour Relations Amendment Act [No. 12 of 2002] www.gov.za
Labour Relations Act 66 of 1995 www.gov.za
Labour Relations Act: Code of Practice: Dismissal www.gov.za
How to use it
- Ask for the reason Ask the employer to explain the reason for the proposed retrenchment in plain terms. The draft wording requires that dismissals be based on legitimate reasons. If the explanation is unclear, write down what you still need answered. This wording alone does not decide whether a particular retrenchment is fair.
- Prepare your response Choose the points you want considered and ask how you can respond. The draft wording also requires that employees be treated fairly, given an opportunity to respond, and not dismissed arbitrarily. Keep your notes focused on what you want the employer to consider. Ask for the response date and the way to give your response.
- Check the challenge route A proposed change describes procedural unfairness challenges after retrenchment through ordinary unfair dismissal proceedings. This describes a proposal; check which current route applies to your circumstances before taking a filing step.
Document checklist
- Reason and question Write down the reason given for the proposed retrenchment and the question you want answered. This note can help you explain your concern. This page does not identify papers required for every matter.
Questions & answers
What papers should I bring to a discussion?
This page does not identify required papers. Ask which records to bring for your situation before attending a discussion.
Does this page give a response deadline?
No response date is given here. Ask the person handling the process when your response is due and how to provide it.
Does the proposed challenge route apply to my case now?
The route is described as part of a proposed change. Check which current route applies to your circumstances before filing.
Can this wording decide whether my retrenchment was fair?
It gives general draft wording, not a decision about what happened at your workplace. Ask for an assessment that considers your circumstances.
Related documents
More help
Sources
Labour Relations Amendment Act [No. 12 of 2002]
Labour Relations Act 66 of 1995
Govnet is an independent information portal. Generated PDFs are unsigned drafts.