Labour Relations Act, 1995 (Act No. 66 of 1995)Codes of Good PracticeDismissal based on Operational RequirementsSchedule 8Part G - Operational Requirements23. Fair reason |
| (1) | To be fair, the reason for the retrenchment and the decision to select an employee for retrenchment must relate to the employer's operational requirements. |
| (2) | Dismissal must be a measure of last resort. It should only take place if it cannot be avoided by alternatives identified in the consultation process. |
| (3) | Employers must, of their own initiative, take appropriate steps to avoid retrenchments where reasonably possible. |