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Browsing by Subject "Labour Law"

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A critical analysis of section 6(4) of the Employment Equity ACT: is it likely to achieve its stated objectives?
(2019) Maharaj, Pranisha; Rycroft, Alan
This dissertation presents a critical analysis of section 6(4) of the Employment Equity Act 55 of 1998 (“EEA”) and seeks to address the question of whether it is likely to achieve its stated objective of giving effect to the constitutional right to equality. In conducting my analysis, I consider the concept of managerial prerogative and discuss what underlies the drive for substantive equality in order to determine why the issue of protection from discriminatory income disparities has been removed from the realm of an employer’s traditional prerogative. Next, I highlight the requirements for establishing a claim of discrimination in terms section 6(4) and the remedies available to a successful complainant. I then turn to highlight the limitations introduced by the statutorily prescribed comparator in section 6(4) before demonstrating that the regulated methodology for assessing the value of work and the factors for justifying a differentiation in terms and conditions of employment give significant deference to employer prerogative. My analysis proceeds to consider whether, following the introduction of section 6(4), an administrative body whose primary function is the conduct of formal investigation into discriminatory pay practices and the resolution of equal pay disputes ought to have been created. I ultimately conclude that section 6(4) of the EEA provides only a partial solution to the issue of discriminatory pay disparities in South Africa and is likely to have a limited effect in contributing to the achievement of the State’s objective of achieving substantive equality. In analysing section 6(4), I draw on the experience of the United Kingdom, the United States of America and Canada. While the socio-economic and political landscapes of these jurisdictions may not be apposite to the South African experience, these jurisdictions have a long legislative history in pay equality issues which assist in establishing a benchmark for South Africa.
Open Access
An evaluation of race based income discrimination in post apartheid South Africa
(2021) Khewana, Xolile; Collier, Debbie
The South African labour market has been characterised by income inequality, which emanates from past discrimination legacies. The wage gap between white workers and blacks have been marginally high. The same goes for the wage gap between males and females who find themselves performing equal value work in most cases. White workers continue to occupy high-level positions in an organisation with higher salaries disproportionately to black workers who generally occupy lower-level positions and with low-income earnings. The dawn of democracy brought a new government that has passed legislation and regulations aimed at reversing the ills of the past and achieving labour reforms and workplace equality. This paper evaluates progress as a result of such legislation and government policy provisions, particularly the Employment Equity Act. The study considers the provisions of section 6(4) of the EEA, which is aimed at race and gender pay income inequality, and the effects of section 27 of the EEA, which attempts to address disproportionate income differentials, by analysing data, and other observations and inputs from various sources. Based on the research and data, the findings point to the continued existence of wage differentials between races in South Africa. The conclusion is that the government's legislative intervention in the labour market through the Employment Equity Act has had a marginal economic impact on employees' wages and labour market transformation in the post-apartheid period. It is recommended that there is a need for a finetuned strategic approach to address both vertical and horizontal wage gap, further to this, the recommendations made by legislated bodies such as the Committee on Employment Equity need to be considered and implemented to achieve the goals as set up in the National Development Plan.
Open Access
Cape Town clothing workers' attitudes towards key aspects of and alternatives to regulation by the Bargaining Council
(2015) Maraire, Wesley; Godfrey, Shane
The South African clothing industry has shed over 70 000 jobs in the last decade. This has given rise to huge debate in the industry and academia about the role of the bargaining council in regulating the industry as well as other factors such as trade liberalisation that are causing the industry to shrink. This study explores attitudes held by formal and informal clothing workers toward the regulatory environment and possible alternatives to current regulation by the bargaining council. The research aimed to explore worker understanding of the regulatory environment, in particular the wages versus job-security trade-off; to find out whether workers are aware of alternatives to the current wage model, such as performance-based incentive pay; to explore the attitudes workers hold toward home-based informal factories; and to assess the attitudes of workers to worker cooperatives. Using semi- structured face-to-face interviews, 24 respondents (ten formal and 14 informal workers) were selected to participate in an attitude survey that explored their feelings across attitudinal classes - cognitive, affective, and behavioural, using the non-probability purposive sampling technique. Research findings show that both sets of workers generally had a very poor understanding of the industry's regulatory environment. After receiving brief explanations of alternatives to regulation by the bargaining council, the workers understood them cognitively and attitudes varied between the two groups. All workers were generally against performance-based incentive pay because it requires them to place too much trust in employers. Informal work was viewed as a viable alternative although formal workers could not conceive joining informal firms. Both sets of workers expressed favour towards worker co-operatives, which have the advantage of changing the working relationship from manager and worker to worker as owner, thus empowering workers. All workers, however, demonstrated overall awareness of the pressures facing the clothing industry, such as those caused by cheap Chinese imports. The evidence is however, not sufficient to arrive at a set of conclusions regarding alternatives to regulation by the bargaining council.
Open Access
Collective bargaining in a globalised era : a change in approach
(2012) Gweshe, Rufaro; Godfrey, Shane
The government in the new democratic South Africa prioritised resolving the problems plaguing the industrial relations system. It did this by enacting a new labour relations Act. This Act repealed the 1956 LRA and enacted the Labour Relations Act of 1995 which established a collective bargaining system combining new elements with elements from the previous legislative dispensation. The new system retained the voluntary duty to bargain. It balanced this by entrenching a protected right to resort to industrial action as well as by creating organisational rights available to unions with ‘sufficient’ and/or majority representivity. The former enabled unions to compel the employer to bargain, whilst the latter assisted unions in bargaining. The Act also promoted centralised bargaining. It did this by retaining, but renaming industrial councils, bargaining councils and by ensuring that bargaining council agreements could be extended where parties to the agreement covered the majority of workers in a sector. Therefore, the effectiveness of trade unions depended, to a substantial extent, ‘on their representativeness and their cohesiveness’. The collective bargaining mechanism established by the 1995 LRA thus became the primary ‘mechanism for setting wages and other terms of employment…a way of managing complex organisations…a form of joint industrial government, and generally…a means of regulating labour-management relations’.
Open Access
Collective bargaining in the education sector in South Africa: Should this sector be classified as an essential service?
(2015) Rezandt, Patrick Alexander; Singlee, Suffinah
Collective bargaining within public education and limited confidence in the arbitration process has resulted in strike action by educators with adverse consequences on learners. The right to basic education is fundamental and of national importance. Depriving a society the right to basic education is tantamount to depriving them of their human dignity; hence their human right. However, the learner's passive right to basic education is seemingly in conflict with the educator's active right to strike action and freedom to associate. In reconciling these conflicting constitutional rights, this mini-dissertation argues that basic education should be designated as minimum service within essential services. Relying on international and domestic legal instruments, case law and academic literature, this dissertation justifies the need to persuade the Essential Services Committee (ESC) to recommend designating basic education as essential service to parliament. This should be based on negotiations and recommendations between the government and educator's trade union to recommend designating basic education as essential service. This, however, will be contingent on the imperative to ensure certainty and credibility in the dispute resolution mechanisms where collective bargaining fails. This dissertation further recommends the need to strengthen the processes of conciliation, mediation and arbitration and also ensure compliance with compulsory arbitration awards, as a formidable measure to balance both the rights of the educator (freedom of association) and the learner to basic education in South Africa.
Open Access
Comparative analysis of the laws on termination of employment in the Republic of South Africa and the Republic of Ghana
(2022) Gyesi, Solomon; le Roux, Rochelle
This minor dissertation explores the standards set by the International Labour Organisation (ILO) on the reasons and procedure for termination of employment of employees as provided in ILO Convention 158. The reasons ILO approves as justifiable grounds for termination of contract employment include misconduct, incapacity and operational requirement. Though both Ghana and South Africa have not ratified the Termination of Employment Convention 1982, the former has developed elaborate labour legislations and case laws as vanguard for the protection of employment. Using a comparative approach, the dissertation examines the definition and court's interpretation of concepts of termination of employment and dismissals in Ghana and South Africa. The dissertation also compared the codified statutory procedures employers must follow prior to dismissal and came to the conclusion that Ghana lacks such precision and certainty in the substantive and procedural requirement for termination of employment. Though there are instances of similarities in Ghana and South African laws on termination of employment, there are several other areas Ghana can learn from South Africa. For this reason, the dissertation recommends amendments to the Labour Act of Ghana to include the safeguards identified in South Africa into Ghana's labour law.
Open Access
The convergence of labour and commercial law: executive dismissals in contemporary South Africa
(2014) Pottas, Ruan; Rycroft, Alan
The intricacies and legalities concerning the notion that under certain circumstances a director may be regarded as an employee have given rise to much litigation in the past two decades. It is humbly submitted that few scenarios have created as much confusion and grief as the aforementioned idea in our South African jurisprudence. For the past two decades lawyers have jousted in the CCMA, Labour Court and Labour Appeals Court on the question of whether or not a company director is an employee and subject to the protection from unfair dismissal contained in the LRA. This dissertation approaches the controversial topic by examining the history and origin of the concept of the office of director. The legislative framework concerning company and labour law is examined along with the judicial decisions which have shaped this particular aspect of the law. A brief overview of comparative labour law is discussed in an attempt to gain a multinational view of the matter. Throughout this dissertation it is of cardinal importance to view the text through both the lenses of Company- and Employment Law. Failing to do so will have the inevitable result that one does not properly reflect and weigh in on the theoretical implications associated with the development of both these branches of law.
Open Access
Corporate governance and labour relations: a sustainable partnership
(2014) Chennels, Jack Francis Erskine; Fergus, Emma
Open Access
Decent work in Malawi: social security; extension of social insurance to all workers
(2015) Khembo, Loness; Le Roux, Rochelle
The only way Malawi can ensure adequate social security coverage to her citizens is to extend the scope and coverage of social security benefits provided by the labour legislations to all workers as they are more reliable and less burdensome on the poor state. This is premised on the fact that most Malawians work, but only a few are employees as shall be seen later in this chapter. This will reduce the burden on the state of providing social security to all her citizens as most will be covered by social insurance. It is against this background that this study analyses the Malawian pieces of legislation on social security with the aim of identifying the gaps that are affecting social security coverage to Malawian workers. In doing so, these legislations will be examined against the relevant international conventions specifically the ILO C 102 and the SADC Code. The study will also focus on how best to improve social security benefits coverage in Malawi and making it more relevant to Malawians.
Open Access
Development of ADR mechanisms in Kenya and the role of ADR in labour relations and dispute resolution
(2015) Nyakundi, Freda Moraa; Rycroft, Alan
Alternative Dispute Resolution (ADR) is a vastly growing enterprise in conflict management the world over. Its application in managing labour relations and the attendant disputes has been tested and is well settled. Kenya, in recognition of this phenomenon, has adopted a legal framework making provisions for both ADR and Labour rights in its most supreme law, the Constitution of Kenya, 2010. This informs the theme of the current study. The disciplines that are ADR and labour relations are overwhelmingly extensive. Thus they cannot find conclusive commentary in a single book leave alone a thesis with a predicated word count. This paper is neither a one stop-shop treatise nor an integral text on either disciplines but a comprehensive commentary, on the interplay between ADR and labour relations. Fair treatment has been accorded and care has been borne to neither starve one nor belabor the other. It is a commentary spanning eons, reaching out to the past, tracking development and addressing the prevailing circumstances in respect of ADR's application in labour dispute resolution in Kenya. The rich literature review (books, statutes, conventions, journals, articles) quoted is as informative as it is illuminating, and presents a wealth of knowledge. The overall aim is to assess the place of ADR in labour relations in Kenya and spur academic, intellectual and sector-wise debate on the foregoing.
Open Access
Did the Constitutional Court decision in Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others(CCT194/17) [2018] ZACC 22 do away with the TES practice in South Africa?
(2020) Mcaciso, Zola; Le Roux, Rochelle
This paper is on the impact of the Labour Relations Amendment Act 6 of 2014(LRAA) on the Temporary Employment Services(TES) in South Africa. The TES practice involves a triangular relationship where the TES places workers/employees with a client to provide labour for the benefit of the client. Over the years, there has been an outcry from organised labour for the ban of the TES practice on the basis that it encouraged the exploitation of workers and undermined job security. Other issues associated with the practice were low wages and inferior conditions of service of the placed workers compared to employees employed by the client doing same or similar work. Initially, the TES practice was regulated in a limited way by the Labour Relations Act of 1956 as well as the Labour Relations Act 66 of 1995 (LRA). The LRA initially only regulated the TES practice in so far as it recognised that the TES is the employer of placed workers and it created provisions for joint and several liability for the client and the TES under certain limited circumstances. Despite these attempts to regulate the practice, organised labour felt it was still not good enough as the same problems continued to persist, as a result they continued to challenge the constitutionality of this practice and called for it to be completely banned. In response, the legislature introduced the Labour Relations Amendment Act No 6 of 2014 (LRAA) in an effort to close the loopholes identified. Section 198A(3)(b)(the deeming provision) introduced by the LRAA stipulates that after a period of three months of placement of workers by a TES with a client, the client is deemed the employer of those workers. It is the interpretation of this deeming provision that has sparked a legal debate in South Africa, resulting in two views on how the deeming provision should be interpreted. The first view is the ‘dual employment' interpretation which suggests that after the three months placement has lapsed, both the TES and the client become employers of the placed workers. The second view is the ‘sole employment' interpretation and it proposes that after the three months has lapsed, the client becomes the sole employer of the placed employees. This legal debate was eventually settled by the Constitutional Court(CC) in 2018 in the Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others(CCT194/17) [2018] ZACC 22(Assign Services). The majority view in the CC ruled that the sole employment interpretation is the correct interpretation to be ascribed to the deeming provision, whilst the minority view favoured the dual employment interpretation. This dissertation will critically analyse the legal jurisprudence involved in this debate as well as the implications of the CC decision on the operations of the TES practice in South Africa.
Open Access
Does the labour relations act unjustifiably limit the constitutional right of employees to freedom of assembly? Examining the constitutionality of the prohibition on purely political protest action and gatherings by off-duty employees over disputes of mutual interest
(2019) Allsop, Geoffrey Charles; Fergus, Emma; Collier, Debbie
This thesis examines whether the Labour Relations Act 66 of 1995 (‘LRA’) justifiably limits the constitutional right to employees to freedom of assembly in accordance with s36(1) of the Constitution of the Republic of South Africa, 1996 (‘the Constitution’). This question is considered in two broad parts. The first part demonstrates two limitations. First, the inability of s77 of the LRA to provide legislative protection to employees who wish to embark on socioeconomic protest action over a purely political issue. Second, the LRA’s prohibition on off-duty employees utilising the Regulation of Gatherings Act 205 of 1993 (‘RGA’) to demonstrate against their employer over a dispute of mutual interest. While no court has yet considered if the LRA prohibits purely political protest action, the Labour Appeal Court in ADT Security v NASUWU 2015 (36) ILJ 152 (LAC) (‘ADT Security’) held that is unlawful for off-duty employees to demonstrate over a dispute of mutual interest under the RGA. The first part begins by establishing how the LRA’s statutory definition of protest action cannot, in its current form, protect purely political protest and how this limits the constitutional right of employees to free assembly. Similarly, it explains how ADT Security clearly establishes that the LRA limits the constitutional right of employees to freedom of assembly by infringing their constitutional right to assemble and demonstrate in compliance with the RGA. The second part tests both limitations against s36(1) of the Constitution, the limitation clause, to assess if either infringement justifiably limits the constitutional right of employees to freedom of assembly, enshrined in s17 of the Bill of Rights. Considering the factors in s36(1)(a)-(e) of the Constitution, and other relevant factors, it examines if the purpose and reasons for either limitation are sufficiently compelling so as to be reasonable and justifiable. It concludes by arguing both limitations unjustifiably limit the constitutional right of employees to free assembly. Two recommendations are made. First, that the LRA be amended to expressly permit employees to demonstrate over disputes of mutual interest, in compliance with the RGA, in certain circumstances. Second, that the LRA be amended to expressly permit purely political protest action, provided the protest action is limited in scope and duration and subject to oversight by the Labour Court.
Open Access
Domestic violence and employment: an examination into retail employer's awareness of and responses to the Impacts of domestic violence on the workplace
(2007) Kaunda, Nikiwe J; Godfrey, Shane; Smythe, Dee
There is increased recognition that employees need to maintain a balanced work-home life in order to be successful and productive. One of the major threats to attaining this equilibrium is 'personal' issues such as HIV/AIDS, trauma and domestic violence. Such issues not only have economic impacts on a business' bottom line, but there are _·also social impacts that affect employment relations. The problem is further compounded by the difficulties that employers face in determining first the manner in which social problems become 'workplace' problems, and secondly, in deciding how they can meaningfully intervene. Because of the difficulties employers face in transcending the perceived boundaries between 'public' and 'private' concerns, some of these social problems are not effectively addressed, even though they may have negative impacts on a business. This research provides an expose of the manner in which domestic violence related issues are perceived and dealt with in the South African workplace. The research specifically focuses on establishing whether employers in the clothing, footwear and textile (CFf) retail sector are aware of the impacts of domestic violence on workplace relations. Findings suggest that the first step towards resolving such problems lies first in the ability of employers to identify the manner in which a social problem impacts on a business, and, secondly determining the best way in which employers can utilise existing resources and liaise with social service providers to address these concerns. Domestic violence is a prevalent social problem that requires the intervention of all segments of society. Employers need to start acting now, before the debilitating effects begin to disrupt workplace productivity on a larger scale.
Open Access
The employment recruitment and promotion process: legal regulation and practice
(2015) Adonis, Tanya; Rycroft, Alan
Recruitment is an integral part of any organization. It forms the foundation upon which every other practice is built. It is a process which is often regarded lightly and not given the due consideration it deserves. It is therefore pertinent to have a recruitment process in place which ensures legal compliance, as well as the longevity of the business. The concept of legal compliance in the employment recruitment and promotion process has proved at best inconspicuous. The process has allowed for much legal debate, which spans from the CCMA all the way through to the Constitutional Court. The process has also allowed for much jurisprudence to be developed regarding the implementation and application of the statutes governing it. This dissertation will focus on the limitations placed on management prerogative by labour law the procedural and substantive fairness requirements. It will do so by exploring case law, risk management measures and what is required to ensure a contract of employment is legal and binding on both parties. It is important to read this dissertation in the light of how labour law overlaps with and impacts on management prerogative. This view is necessary to understand how the push - pull dynamic between these two factors in recruitment and promotion have molded the process to encompass issues that substantively outweigh their procedural counterparts and vice versa. It is necessary in this dissertation to expound on the fundamental law governing the recruitment and promotion process and will explore concepts of management prerogative, amongst others. The objective of this dissertation is to investigate the ambiguities imposed by procedural and substantive fairness and will venture into risk management measures and contractual obligation s as a failsafe for employers to demystify the process.
Open Access
An evaluation of "work-life" legislation in South Africa
(2012) Miller, Kristina Claire; Le Roux, Rochelle
Includes abstract. Includes bibliographical references.
Open Access
German works councils - a model for South African workplace forums?
(2017) Rohr, Selina; Collier, Debbie
The aim of the introduction of workplace forums in South Africa in 1995 was to move away from adversarial bargaining to joint problem-solving and participation by employees on selected issues in order to advance economic development and global competitiveness, social justice, labour peace and the democratisation of the workplace. The drafters of the LRA based the workplace forum system inter alia on the positive and successful statutory employee participation structure in Germany, the works council system. Despite the fact that 22 years after the new LRA came into force there are only 3 workplace forums established in terms of the Act, the legislator still has not made any changes to the provisions yet. This dissertation compares the employee participation structures in South Africa with those in Germany and analyses potential changes - in theory and in praxis - to make the institution of the workplace forum more attractive both to trade unions and employers. The first two chapters give an overview of the statutory system of workplace forums in South Africa and works councils in Germany. The historical background of employee participation, the legal framework as well as the relationship between trade unions and the respective employee representation structure in each country will be discussed. Also, some of the reasons suggested in the literature for the failure of the workplace forum system will be set out. This leads to the third chapter which deals with the prerequisites, under which law can be transplanted from one legal system to another. This is of particular importance as the drafters of the LRA based chapter 5 on the works council system in Germany, adapting it to the South African background though. With reference to the first three chapters, the fourth chapter subsequently proposes several amendments to the LRA which can help in making the workplace forum more attractive for all affected parties. Some of the proposals stem from the positive German experience, others are specifically tailored to the South African context of adversarialism, high unemployment and an economic recession. Proposed amendments are for example: ● Facilitate the establishment of workplace forums by lowering the threshold of 100 employees and by allowing not only representative trade unions but also minority unions and employees to apply for the establishment of a forum. ● Workplace disputes should not be resolved by strikes but by a special dispute resolution mechanism like the German conciliation committee ('Einigungsstelle') to avoid an adversarial and confrontational climate on workplace level. ● Trade unions and workplace forums should be more clearly institutionally and structurally separated. Bargaining councils should be used for centralised bargaining to avoid plant level bargaining. There needs to be a clear demarcation of issues for collective bargaining and issues for workplace forums. In conclusion, this dissertation points out that legal systems emerge under different legal, social and economic circumstances and can therefore not blindly be transplanted from one legal system to another. The preconditions such as the relationship between trade unions, employers and employees, the economic and cultural climate as well as the labour market in South Africa was - at the time of the introduction of the new LRA - and still is completely different from the situation in Germany. Therefore, German provisions regarding works council cannot be transplanted into South African law without measuring them against the South African background. Whereas some German ideas can be adopted, other problematic issues can only be solved with unique South African solutions.
Open Access
The industrial court in Botswana : an assessment of its contribution to labour relations
(2001) Kupe-Kalonda, Pearl; Kalula, Evance
The study briefly outlines the development of labour relations in Botswana with specific emphasis on developments leading to the establishment of the Industrial Court. Various provisions of the Trade Disputes (Amendment) Act 1992 pertaining to the Industrial Court are set out. The study continues to review the nature and functions of the Industrial Court. The study also looks at the Industrial Court process and assesses it in terms of the established principles pertaining to an efficient dispute resolution system.
Open Access
Inequality of opportunity: the plight of foreign workers in South Africa
(2016) Biney, Elizabeth; Le Roux, Rochelle
Migration can be a hazardous venture, particularly if carried out clandestinely. Evidence indicates that foreigners working without formal authorisation, i.e. 'irregular migrant workers', are in a particularly vulnerable position primarily because of their irregular immigration status. They are more likely to be subjected to exploitative and unsafe employment practices in terms of benefits and conditions. This study examines the protection available to this category of migrant workers in South Africa, particularly their right of access to work-related social protection. South Africa is a major migrant-receiving country in Southern Africa because of its relatively stronger economy and political stability. However, the employment of foreign nationals without work permits, or foreigners working contrary to visa requirements, raises a series of policy issues. These issues, against the background of fairness and equity discourses pertaining to socio-economic entitlements, become exacerbated. This study examines the adequacy of domestic, constitutional and legislative frameworks that offer work-related social protection to foreign workers in South Africa. In the context of international, continental, and regional instruments that provide similar protection to irregular migrants, it could be argued that South Africa's restrictive legislative framework compromises equality in the right of access to social protection for some migrants. Although effective migration management depends on careful juxtaposition of myriad policies, emerging evidence suggests conflicting interplay between key South African policies intended to manage the rights of workers specifically and labour migration in the country generally. Critical analysis of relevant national immigration, labour, and social security laws indicates inconsistency with international human rights principles concerning the equality of opportunity or treatment of irregular migrants vis-àvis regular migrants and nationals regarding social protection. Yet, inequalities in the actual processes or opportunities (means) embedded in these policies disentitle many vulnerable foreign workers from important constitutionally entrenched fundamental rights because their presence and/or employment violates existing immigration laws. The study concludes by recommending policy interventions that may help remedy these problems.
Open Access
Interpreting the 2015 amendments to the Labour Relations Act 66 of 1995 in light of the underlying purpose of South Africa's labour laws
(2015) Hwani, Gilbert; Singlee, Suffinah
The aim this dissertation is to establish what the purpose of labour law is and thereafter determine whether or not the Labour Relations Act 66 of 1995 (LRA) is doing enough to make sure that such purpose is realised. It is important to note that this paper is only limited to the purpose of labour law and the application of the LRA as far as non-standard workers (particularly temporary employment services) are concerned. If the purpose of labour law is established it will be easier for the legislator to focus the developments of the LRA in line with the desired purpose. Furthermore, an understanding of the purpose of labour law, makes the job of the courts much easier when it comes to the interpretation of such provisions. In doing so the non-standard workers will be protected from some of the difficulties which they are currently facing in the workplace.
Open Access
The law of retrenchment: s 189a facilitation - the impact of facilitation in large-scale retrenchments
(2014) Venter, Jan Harm; Collier, Debbie
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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