As soon as management is contemplating to dismiss one or more employees for operational requirements, the consultation must commence immediately. This means once management identifies that there might be a need for retrenchment consulting should start, before the final decision for retrenchment is taken. This is also referred to as a meaningful joint consensus seeking process.
To ensure all relevant employees are included in this process the employer must issue a written notice inviting the other party (in this case the affected employee or his representative) to consult with and give the following information included but not limited to: Reasons for the dismissal, and alternatives considered by the employer and why they could not be implemented.
To ensure all relevant employees are included in this process the employer must issue a written notice inviting the other party (in this case the affected employee or his representative) to consult with and give the following information included but not limited to: Reasons for the dismissal, and alternatives considered by the employer and why they could not be implemented.