How to manage the retrenchment process - South Africa

Gretchen Anker, a Senior Associate at Farrell Incorporated Attorneys hosted this webinar and discussed;
- retrenchments due to the covid-19 pandemic;
- whether consultations can be conducted virtually;
- the retrenchment process in cases of corporate insolvencies and liquidations;
- key issues to consider and be aware of in retrenchment processes

0:00 Introduction
1:51 Legislation and Instruments governing retrenchments
2:33 RETRENCHMENTS ARE "NO FAULT" DISMISSALS
3:46 Reasons for retrenchment Section 213 of the LRA defines the reasons for retrenchment as the economic, technological structural or similar needs of the employer - The nationwide lockdown has undoubtedly created fair reasons for retrenchment
5:17 How do you start the retrenchment process?
8:32 IMPORTANT TO REMEMBER
10:23 Must you consult with a minority Trade Union?
11:02 How must an Employer approach consultation?
11:53 When you consult, what must you discuss? The employer and the other consulting parties must in the consultation envisaged by subsection (1) & (3) engage in a meaningful joint consensus-seeking process and attempt to reach consensus on (a) appropriate measures
15:23 The Labour Court held...
18:10 After notice and consultation - Employers must allow the Employees to give feedback
20:25 How do you request Facilitation at the
21:08 Process of a large scale retrenchment
22:18 Why is the consultation process so important?
24:39 What documents do I have to disclose?
25:49 Alternatives to retrenchment worth considering
28:42 More alternatives to retrenchment...
31:22 What about Voluntary Separation packages? NUMWSA obo Members and others v SAA (SOC) limited (in business rescue) and others
32:42 Bumping
36:34 Selection Criteria cases
36:51 Severance pay requirements
38:48 FRY'S METALS V NUMSA AND OTHERS (LAC)
42:25 IN CLOSING...