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Dismissal - retrenchment

When business conditions change, employers may want to change the terms and conditions of employment of the employees. This week Ivan Israelstam explains what employers should not do in these circumstances. 

This week Ivan Israelstam points out that the CCMA and bargaining councils do have the jurisdiction to decide upon retrenchment disputes, if there is a failure to agree at conciliation. This arises from the amendments to the Labour Relations Act in 2002. It is critical that employers follow a fair procedure and not simply go ahead with retrenchments without engaging in a fair consultation process.  

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