Retrenchment checklist

If you are considering retrenchment this is a useful guideline to follow

 

Subject
ItemYes/no – Reasons
ConsultationConsultation is required before the decision to dismiss. Did the employer consult?
Whom did the employer consult with?
Persons prescribed by a collective agreement
Workplace forum
A registered union
Employees likely to be affected
Did the parties consult on measures to avoid/minimise dismissals? Specify the measures considered and whether they can be implemented or not
short time
moratorium on new appointments
early retirement
voluntary retrenchment
no overtime
temporary lay-off
Disclosure of informationHas the employer disclosed the following:
Reasons for the proposed dismissalReasons
Reasons for rejecting measures to avoid dismissalsReasons
The number of employees likely to be affected and their job categories
Proposed selection criteriaCriteria
Proposed timing of the dismissalsTiming
Proposed severance payProposal
Proposed assistance to affected employeesProposal
RepresentationsHas the employer allowed an opportunity for representations by the other party?
Formulate the representations
Has the employer considered the representations?
Has the employer furnished reasons if he disagrees with the representations?
Reasons
Decision to dismissHave all possible measures to avoid dismissal been considered?
Is dismissal the only sanction?
If so, when has the decision to dismiss been taken?
Further consultationAre the parties considering the following:
Changing the timing of the dismissals
Selection criteria
Mitigating the effect of the dismissals. Can the employer assist employees to find alternative employment
Will he re-employ retrenched employees
Notice pay
Notice period
Severance pay
Administrative obligationsHas the employer complied with the following?
Given written notification of above
Payment of outstanding wages
Payment of notice pay.
Payment of leave pay
Payment of any other benefits due to employees (pro-rata bonus)
Issuing of UIF card
Issuing of certificate of service

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