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Labour Relations Act, 1995 (Act No. 66 of 1995)

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI

Main Collective Agreement

Part 6 : Termination of Employment

44. Retrenchment procedure

 

1) The retrenchment procedures prescribed in the Act applies to any retrenchment of employees.

 

2) A retrenched employee must be provided with-
a) a certificate of service in the form of Annexure A3; and
b) a letter confirming that the employee has been retrenched.

 

3) Within 72 hours of notifying an employee that the employee has been selected for retrenchment, the employer must notify the Council in writing of the retrenchment.

 

4) If the employer contemplates a retrenchment that falls within the provisions of section 189A of the Act, the Council must appoint a facilitator to assist the parties engaged in retrenchment consultations, if-
a) the employer has requested facilitation in its notice in terms of section 189(3) of the Act; or
b) consulting parties representing the majority of employees whom the employer contemplates dismissing have requested facilitation and have notified the Council within 15 days of receiving the notice envisaged by section 189(3) of the Act.

 

5) If the Council is requested to provide a facilitator, it must do so in terms of-
a) section 189A of the Act; and
b) any regulations promulgated in terms of section 189A(6) of the Act.