If a worker is allegedly retrenched but the employer did the follow the proper procedure, the Court may find that the worker was actually unfairly dismissed.

Generally speaking, there are 6 key elements of retrenchment:

1. 1. Genuine redundancy

2. 2. Consultation

3. 3. Seeking alternatives

4. 4. Fair selection

5. 5. Giving notice

6. 6. Paying severance benefits

An employer must comply with the requirements under each of these headings, otherwise the Court may find that either the retrenchment was not carried out in accordance with good industrial relations, or that there was no retrenchment at all and the worker was unfairly dismissed.

Download our latest Guide to learn how to determine whether your client’s retrenchment  was fair or whether he was unfairly dismissed.