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Are you proposing retrenchment? Then make sure your 189 (3) form contains the following

by , 30 September 2015
If you're proposing retrenchments, then you'll need to make way for consultation.

Consultation is the discussion you have, on the proposed retrenchments, with your possible retrenchees or their representatives.

To start the consulting process, you'll need to issue a written notice that invites the other party to consult with you. This notice is the 189(3) notice.

Having mentioned that, the Labour Relations Act (LRA) requires that the following 10 points be included in the 189(3) notice:

1.       The reasons for the proposed retrenchments;
 
2.       The alternatives you looked into and considered before proposing retrenchment;
 
3.       The number of employees retrenchments will affect as well as the job categories they're in;
 
4.       The selection criteria you plan on using when retrenching;
 
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5.       A specific date and period of time over which retrenchments should come into effect;
 
6.       What the severance pay will be for those employees you propose to retrench;
 
7.       Any other assistance you propose to offer those employees you retrench;
 
8.       The future possibility of re-employment of the employees you retrench;
 
9.       The number of employees you employ; and
 
10.   The number of employees you have retrenched in the last 12 month period.
 

It's important to note that the consultation MUST be meaningful. In other words, you must work with your employees to try reach consensus.

Consultations which merely go through the motions will not be considered acceptable.
 

So, there were 10 points to include in your 189(3) notice when consulting over retrenchments.

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