WHAT IS A SECTION 189 NOTICE?
A Section 189 notice is a prerequisite to any dismissal of an employee for operational requirements.
The employer must issue a written notice inviting the other consulting party (the employee(s)) to consult with it and disclose in writing all relevant information, including, but not limited to-
- the reasons for the proposed dismissals;
- the alternatives that the employer considered before proposing the dismissals, and the reasons for rejecting each of those alternatives;
- the number of employees likely to be affected and the job categories in which they are employed;
- the proposed method for selecting which employees to dismiss;
- the time when, or the period during which, the dismissals are likely to take effect;
- the severance pay proposed;
- any assistance that the employer proposes to offer to the employees likely to be dismissed;
- the possibility of the future re-employment of the employees who are dismissed;
- the number of employees employed by the employer; and
- the number of employees that the employer has dismissed for reasons based on its operation requirements in the preceding 12 months.
If you have any queries now, feel free to give us a call on 011 083 8332 or initiate a live chat on the bottom of this page.
WHAT CONSULTATION IS REQUIRED IN TERMS OF OUR LABOUR LAWS?
The employer must allow the employees which it is looking to retrench an opportunity during consultation to make representations about any matter dealt with above, as well as any other matter relating to the proposed dismissals.
The employer must consider and respond to the representations made by the employee and, if the employer does not agree with them, the employer must state the reasons for disagreeing.
WHAT DO WE OFFER?
We may assist you throughout the process. This includes the choice on checkout between either or both of the below:
- 30 minutes of general advice with an expert labour lawyer by phone, email or Skype, pertaining to retrenchments, such as the process, calculation of retrenchment packages, how to prepare for the consultation and the like;
- Preparation of the Section 189 notice; and/or
- Advice / assistance with the consultation process in order to ensure a proper and genuine consultation process, and to ensure that all statutory requirements are complied with should the need arise to terminate the effected employee/s.