What is meaningful consultation?
A meaningful redundancy consultation process means more than simply informing your employee(s) of a decision already made. Your employees are entitled to know why they have been selected for redundancy and to see their selection scores.
What is a section 189 letter?
RETRENCHMENT GUIDELINE | cliffedekkerhofmeyr.com. The s189(3) notice is a written notice issued by the employer that discloses all relevant information and invites the employee representatives and/or employees to consult with the employer. CONSULTATION.
Who takes the final decision to retrench?
After the consultation process has been exhausted, the employer may make its decision to retrench, and then issue a notice of retrenchment to the affected employees. The law provides for additional procedures that the employer, employing more than 50 employees, must follow when deciding to retrench.
What does individual consultation mean?
Individual consultation is fundamental to the fairness of any dismissal for redundancy. Even if there is a genuine redundancy situation, an employment tribunal will look at whether the employer acted reasonably in reaching the decision to dismiss when deciding if the dismissal was fair or unfair.
What are the fair reasons for redundancy?
Fair reasons for redundancy must be objective and able to be measured. For example, attendance history, punctuality, skills and experience, performance and disciplinary history are all considered as fair reasons for redundancy. Length of service and qualifications may also be considered.
What is consultation in the workplace?
Consultation means asking for and considering employees’ views when making decisions. Being consulted about important decisions in the workplace can improve an employee’s engagement with their work.
Can you refuse retrenchment?
Of course, you can refuse retrenchment, which means the consultations have deadlocked. If you are the only person being retrenched, you can refer the dispute either to arbitration or to the Labour Court, irrespective of whether the retrenchment procedure complied with section 189.
What is a Section 189A?
Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. The LRA requires that consultation must take place when the employer contemplates retrenchment.
What is unfair retrenchment?
It is a process wherein the employer reviews the business needs, profitability and other operational factors in order to increase profits or limit losses. However, if an employer doesn’t provide the proper reasons and doesn’t follow the proper procedures, the CCMA or Labour Court can consider the retrenchment unfair.
Is retrenchment a fair reason for dismissal?
There are 4 possible reasons for an employee’s dismissal: misconduct, poor performance, incapacity (sickness etc.), or retrenchment. Retrenchment, on the other hand, has nothing to do with the employee’s conduct or health, but is due to the employer’s business situation, for example, an economic downturn.
What is consultation process?
Consultation is the process by which management and employees and their representatives examine and discuss issues that are of mutual concern.
When do you need a meaningful consultation process?
Meaningful consultation is not a structure; rather it is a process that underpins educational decision making. Meaningful consultation is necessary when decisions are made that will have an impact on a student’s educational program, and it is essential that this process includes the student’s family and/or caregivers.
Why do people want to do meaningful work?
Meaningful work is something we all want. The psychiatrist Viktor Frankl famously described how the innate human quest for meaning is so strong that, even in the direst circumstances, people seek out their purpose in life. 1 More recently, researchers have shown meaningfulness to be more important to employees than any other aspect of work,…
What makes the experience of work meaningful or meaningless?
The experience of meaningful work can be poignant rather than purely euphoric. 10 People often found their work to be full of meaning at moments associated with mixed, uncomfortable, or even painful thoughts and feelings, not just a sense of unalloyed joy and happiness.
Which is the best example of meaningless work?
Filling out forms, cited earlier, is another good example of meaningless work. Individuals in a wide range of occupations all reported that what they perceived as “mindless bureaucracy” sapped the meaningfulness from their work. For instance, most of the academics we spoke to were highly negative about the amount of form filling the job entailed.