Operationally Justifiable Retrenchments
Section 189A(19) of the Labour Relations Act, 1995, as amended (the LRA), which regulates so called large scale retrenchments compelled the Labour Court to find that an employee was dismissed for a fair reason if: (a) the dismissal was to give effect to a requirement based on the employers economic logical, structural or similar needs; (b) the dismissal was operationally justifiable on rational grounds; (c) there was a […]