Tag: retrenchment consultations
Is the court a guardian or a nanny?
The Broadcasting Electronic Media and Allied Workers' Union (BEMAWU) recently launched an urgent application in the Labour Court interdicting the South African Broadcasting Corporation (SOC) Ltd (SABC) from proceeding with retrenchment processes and forcing the SABC to adhere to fair consultation processes [BEMAWU & Others v SABC & Others, in the Labour Court of South Africa, Johannesburg, Case Number J1199/20].
Can Zoom be used when conducting retrenchment consultations?
The issue is whether an employer may utilise Zoom when conducting consultations in a retrenchment exercise. If not, does the continuation of the consultations in such circumstances result in procedural unfairness? The Labour Relations Act 66 of 1995 (LRA) does not regulate how section 189 consultations are to be held (i.e. in person or via video conference).
