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  • No Consult, No Genuine Redundancy!

    29 April at 23:01 from atlas

    Failure to warn, discuss or consult with an employee resulted in a finding that the employee's retrenchment amounted to an unfair dismissal. Consequently the employee was awarded damages (in addition to redundancy moneys already received).

    Implications for employers;

    -Employers need to give notice of their intention to retrench employees or any given group of employees.

    -Employees generally should be given the opportunity to discuss the proposed redundancy and to put their case as to why they should not be made redundant. They should also be given the opportunity to discuss the redundancy process so as to help alleviate any negative outcomes of the termination on the employee.

    -Employers should not make a final decision to retrench a particular employee until this opportunity has been given or it will risk the employee's dismissal being found to be unfair.