The law of retrenchment: s 189a facilitation - the impact of facilitation in large-scale retrenchments

Master Thesis

2014

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University of Cape Town

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Abstract
Employers trapped in economic difficulties or facing tough business challenges often wave the wand of retrenchment in the hope that the problem will go away. This often leads to workers unexpectedly finding themselves unemployed and queuing at the unemployment offices. In 2002, legislative provisions were introduced into the statute dealing specifically with large-scale retrenchments,1 allowing the parties to appoint an external facilitator to facilitate the retrenchment process. Although this new retrenchment process for large scale retrenchments is reflected relatively clear in and simple in the statute, this dissertation will focus on large-scale retrenchment process and highlight the positive impact facilitation, as an option,2 has introduced.
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