Retrenchment Workshop

South African Engineers’ and Founders’ Association

7 February 2019

Are You Having to Consider Short-Time, Lay-Offs or Retrenchments in 2019?

The metal and engineering industry is now under more pressure than ever before, following the commodities slump of a few years ago, felt particularly hard in this sector.  Coupled with collective bargaining arrangements that have led to unsustainably high labour costs, this means that short-time, lay-offs and even retrenchments may need to be considered as means of survival

Legislation regulating these processes requires that specific procedures be adhered to.  These legal requirements can often prove daunting to employers, particularly those who have never implemented short-time, lay-offs or retrenchments before or who have not had to for some time.

The South African Engineers’ and Founders’ Association, in association with Gordon Angus and Associates is running a one-day workshop to guide employers through the legislative requirements of the Labour Relations Act and other applicable laws.

 Topics covered

  • Effective implementation of short-time
  • Implementing a Lay-Off: What is required by law?
  • The meaning of operational requirements
  • Substantive fairness: Reasons for operational requirements dismissals
  • Procedural fairness:

o   Large-scale vs small-scale retrenchments: which applies to me?

o   Notification requirements

o   The consultation process:

  • The timing of the consultation
  • Who needs to be consulted?
  • What topics need to be discussed?
  • Information disclosure: What information am I legally required to disclose (legally privileged/confidential information)?
  • Consideration of representations

o   Selection criteria: What is considered to be fair?

o   Severance pay: What is this process going to cost?

o   CCMA facilitation: When is this applicable and is it effective?

o   What are my obligations around re-employment following a retrenchment?

  • Resolution of disputes
  • The dismissal of strikers

Presenters

The course will be facilitated by Gordon Angus and Chloe Hoffmann. Gordon has over 16 years’ experience in industrial relations and has successfully guided many companies with their implementation of strategies to address both short-term and long-term financial difficulties over the years.  Chloe Hoffmann received her Bachelor of Arts degree and LLB with distinction from Rhodes University and, thereafter, went on to complete a Master’s of Law degree at Wits University, which she received Cum Laude in 2016.  During her studies, she received numerous awards, including the Shirley Ritchie Award for best female student entering the final LLB year, the Brian Peckham Memorial Prize as the best student in Environmental Law, the Phatshoane Henney Incorporated medal awarded for obtaining an LLB degree with distinction, and the Rhodes Investec Top 100 for academic excellence. Chloe completed her articles at the Wits Law Clinic, where she worked closely with labour attorneys and gained invaluable experience in labour law and representing clients in labour disputes.

Times

08h00   Registration, tea and coffee
08h30   Start
10h30   Tea break
12h30   Lunch
15h00   Afternoon tea break
16h30   Finish

Fee per delegate

SAEFA Members:           R2 900

Non-members:                R3 600

For more information please contact Gordon at This email address is being protected from spambots. You need JavaScript enabled to view it.  or Charlene at This email address is being protected from spambots. You need JavaScript enabled to view it.

To download a booking form please click below:

Booking Form