In circumstances where retrenchment becomes necessary, employers must be especially cautious in the implementation of their retrenchment processes as there are numerous formal requirements which must be met in order circumvent unnecessary or frivolous litigation.
Whether the majority of the workforce is unionised, or whether it is a small to medium firm or company, we can assist you in following the correct procedures. We ensure that the retrenchments are procedurally and substantively fair.
A retrenchment is a form of dismissal due to no fault of the employee, and in light of the flaws prevalent in many retrenchment processes, we also represent employees in challenging unfair retrenchments. We can assist employees with any CCMA or Bargaining Council referrals where the employer failed to follow due procedure or where there was no reason to dismiss the employee based on the operational requirements of the employer.