[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-503065-105":59,"doc-detail-503065-en":131},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":124,"head_meta":126,"extra_data":128,"updated_unix":130},105,"en","retrenchment-guideline-summary-of-retrenchment-process","RETRENCHMENT GUIDELINE - Summary of Retrenchment Process","","The guideline explains employers’ duties when considering dismissals for operational requirements, focusing on consultation obligations under South Africa’s Labour Relations Act 66 of 1995. It defines what a section 189(3) notice is, what information it must disclose, and how consultation should enable meaningful engagement and help avoid proposed retrenchments. It outlines who must be consulted under section 189(1), what must be covered in consultations, and clarifies when individualized consultation and consensus are required, supported by relevant case law.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/retrenchment-guideline-summary-of-retrenchment-process/503065/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/retrenchment-guideline-summary-of-retrenchment-process/503065.png","ImageObject",300,407,{"name":92,"@type":93},"Miles","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-20","2026-10-03",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",12,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"What is a section 189(3) notice and when must it be issued?","Question",{"text":113,"@type":114},"A section 189(3) notice is a written notice issued by the employer that discloses all relevant information related to the contemplated retrenchment and invites employee representatives and/or employees to consult with the employer. It commences the consultation process.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"Which groups must an employer consult under section 189(1) of the LRA?",{"text":118,"@type":114},"Under section 189(1), an employer must consult with one or more of a workplace forum (if in existence), any registered trade union whose members are likely to be affected, and employee representatives of the employees likely to be affected.",{"name":120,"@type":111,"acceptedAnswer":121},"Does an employer have to consult individual employees and reach agreement during consultation?",{"text":122,"@type":114},"Individual consultations are only necessary if there is no collective agreement with a majority union, no workplace forum, and no trade union representing the employees. The duty to consult is not a duty to individually consult each employee, and consultation does not require parties to reach agreement as long as there is meaningful engagement toward consensus.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},503065,1791079313,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":36,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145},13056703019404,"https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0","RETRENCHMENTGUIDELINE  \nScan theQR code  \nto view our team  \nOR  \nClick here to view  \n# SUMMARY OF RETRENCHMENT PROCESS\n\nConsultation  \nWhat are the categories of peoplewith whom an employer mustconsult when contemplatingdismissal on the basis ofoperational requirements?  \nAny person an  \nWhat is a section 189(3)notice andwhen must it be issued?  \nemployer is obliged to  \nconsult with in terms of  \na collective agreement  \nThe section 189(3)notice is a writtennotice issued by the employer thatdiscloses all relevant information relatedto the contemplated retrenchment andinvites the employee representativesand/or employees to consult with theemployer.The s189(3)notice commencesthe consultation.The section 189(3)notice is an invitation to meaningfullyengage on various issues pertainingto contemplated retrenchments.Thesection 189(3)notice is to be distinguishedfrom a termination notice and thecontents of the section 189(3)noticeshould not render retrenchments aforegone conclusion,undermining theconsultation process.The primary purposeof consultation is to find ways to avoid theproposed retrenchments.  \nIn terms of section 189(1)of the LabourRelations Act 66 of 1995(LRA),anemployer must consult with one ormore of the following groups:  \nA workplace forum  \n(if in existence)  \nAny registered trade union  \nwhose members are likely  \nto be affected by the  \nproposed dismissals  \nThe employees likely to be  \naffected by the proposed  \nEmployee representatives  \n# Is an employer required to consider thealternatives to retrenchment?\n\nMust an employer consult with minority trade unions incircumstances where it has concluded a collective agreementconcerning who it will consult in the retrenchment process?  \nYes.Employers must consider alternatives toNo.In the recent case of AMCU anddismissals for operational requirements.If theyWhile the Constitutional Court wasdo not do so the dismissals will be found toothers v Royal Bafokeng Platinum Ltddivided,the majority confirmedbe unfair.In the Constitutional Court case ofand others(2020)41 ILJ 555(CC),thethe validity of section 189(1)of theSACCAWU and others v Woolworths(Pty)Ltdemployer concluded a collectiveLRA and that the right to fair labour(2019)40 ILJ 87(CC),the employer decided toagreement pertaining to who itpractices did not include the right toconvert full-time workers to flexi-time workers.would consult with in respect ofbe individually consulted.The courtIt offered the full-time workers various incentivesretrenchments.The agreementupheld the principle of majoritarianismto persuade them to agree to the conversion.Allwas extended to minority unions inand found that the LRA providedbut 92 full-time employees agreed.SACCAWUterms of section 23(1)(d)of the LRA.individual employees withproposed that they convert to flexitime but retainThe Constitutional Court was calledmechanisms by which to challengetheir existing salary and benefits.It later proposedupon to determine the constitutionalthe substantive fairness of theirthe employees would in addition take a 11%salaryvalidity of section 189(1)in light of thedismissals,in line with internationaldecrease.Despite this,the employer retrenchedfact that it permitted the exclusion ofstandards.The court recognisedthe employees.The court found that the employerminority unions from the consultationthe right to be consulted during thehad failed to properly explore the proposedprocess when read together withretrenchment process,but not a rightalternatives such as natural attrition,wage freezessection 23(1)(d)of the LRA.to be individually consulted.or ring fencing and as a result the dismissals weresubstantively unfair.bRETRENCHMENT GUIDELINE clifedekkerhofmeyr com  \n# WHAT MUST AN EMPLOYER CONSULT ON IN TERMS OF SECTION 189(3)OF THE LRA?\n\nThe reason for theThe alternativesThe number ofSeverance payThe timing of theproposed retrenchmentconsidered and why theyemployees and the jobdismissalswere rejectedcategories to be effectedAny assistance to beThe numbe","cbCaihNUVQijXQ0m","https://ap.wps.com/l/cbCaihNUVQijXQ0m","pdf",16723313,"English","# SUMMARY OF RETRENCHMENT PROCESS\n## Consultation under section 189(1)\n## Is an employer required to consider the alternatives to retrenchment?\n## WHAT MUST AN EMPLOYER CONSULT ON IN TERMS OF SECTION 189(3) OF THE LRA?\n# What information must be disclosed during the consultation process?\n## Is individual consultation required?\n## Must parties reach agreement?\n# What if one party frustrates the consultation process?","[{\"question\":\"What is a section 189(3) notice and when must it be issued?\",\"answer\":\"A section 189(3) notice is a written notice issued by the employer that discloses all relevant information related to the contemplated retrenchment and invites employee representatives and/or employees to consult with the employer. It commences the consultation process.\"},{\"question\":\"Which groups must an employer consult under section 189(1) of the LRA?\",\"answer\":\"Under section 189(1), an employer must consult with one or more of a workplace forum (if in existence), any registered trade union whose members are likely to be affected, and employee representatives of the employees likely to be affected.\"},{\"question\":\"Does an employer have to consult individual employees and reach agreement during consultation?\",\"answer\":\"Individual consultations are only necessary if there is no collective agreement with a majority union, no workplace forum, and no trade union representing the employees. The duty to consult is not a duty to individually consult each employee, and consultation does not require parties to reach agreement as long as there is meaningful engagement toward consensus.\"}]","RETRENCHMENT GUIDELINE - Summary of Retrenchment Process | PDF",1791049184,101]