Retrenchment checklist

If you are considering retrenchment this is a useful guideline to follow

Subject
Item
Yes/no - Reasons
Consultation
Consultation is required before the decision to dismiss. Did the employer consult?
 
 
Whom did the employer consult with?
 
 
Persons prescribed by a collective agreement
 
 
Workplace forum
 
 
A registered union
 
 
Employees likely to be affected
 
 
Did the parties consult on measures to avoid/minimise dismissals? Specify the measures considered and whether they can be implemented or not
 
short time
 
 
moratorium on new appointments
 
 
early retirement
 
 
voluntary retrenchment
 
 
no overtime
 
 
temporary lay-off
 
Disclosure of information
Has the employer disclosed the following:
 
Reasons for the proposed dismissal
Reasons
 
Reasons for rejecting measures to avoid dismissals
Reasons
 
The number of employees likely to be affected and their job categories
 
 
Proposed selection criteria
Criteria
 
Proposed timing of the dismissals
Timing
 
Proposed severance pay
Proposal 
 
Proposed assistance to affected employees
Proposal
Representations
Has the employer allowed an opportunity for representations by the other party?
 
 
Formulate the representations
  
 
Has the employer considered the representations?
  
 
Has the employer furnished reasons if he disagrees with the representations?
Reasons
 
 
Decision to dismiss
Have all possible measures to avoid dismissal been considered?
 
 
Is dismissal the only sanction?
 
 
If so, when has the decision to dismiss been taken?
 
Further consultation
Are the parties considering the following:
 
 
Changing the timing of the dismissals
 
 
Selection criteria
 
 
Mitigating the effect of the dismissals. Can the employer assist employees to find alternative employment
Will he re-employ retrenched employees
 
 
Notice pay
 
 
Notice period
 
 
Severance pay
 
Administrative obligations
Has the employer complied with the following?
 
 
Given written notification of above
 
 
Payment of outstanding wages
 
 
Payment of notice pay.
 
 
Payment of leave pay
 
 
Payment of any other benefits due to employees (pro-rata bonus)
 
 
Issuing of UIF card
 
 
Issuing of certificate of service