EMPLOYEE RIGHT-SIZING IN THE COVID-19 ERA - DEALING WITH RETRENCHMENT, REDUNDANCY & TERMINATION OF CONTRACTS
29th- 30th November, 2021
Protea Safari - Chisamba
WORKSHOP OVERVIEW:
What should employers do if they want to lay off staff in line with the Employment Code Act No. 3 of 2019? Many different reasons can lead an organization to engage in downsizing by means of a layoff, including cost-cutting, economic declines, mergers and others. Of recent, Covid has impacted companies in various ways presenting a challenge on how to manage and deal with people issues and leaves companies with no choice but to right-size.
SCOPE:
Whenever an organization contemplates a layoff, it must seriously consider the risks of running into a number of labour-law and/or constitutional practice breaches. In addition, certain common law claims may also add vigor in the context of a layoffs. Care must be taken as a discharge of a single employee may expose an employer to a multiplicity of legal claims; a layoff potentially exposes an employer to a multiplicity of claims by many employees in the form of a class action or collective action lawsuit.
COURSE OUTCOMES:
At the end of the workshop participants will be able to:
» Understand role and impact of right sizing, stages and procedures to follow
» Define redundancy and Retrenchment
» Differentiate between Redundancy, Retrenchment and Termination of contracts
» Understand termination due to redundancy
» Define retrenchment
» Understand what Accrued Benefits are and how they are applicable in line with the Employment Code Act No.3 of 2019
» Understand the SEVERANCE PAY to be applied per Employment Code Act No. 3 of 2019
» How to follow correct legal procedures before, during and after terminating, laying off or retrenching staff
» Understand in what context employees can legally be transferred to a new employee
» Avoid legal impediments resulting into issues to do with change of Company, Change of Shareholders, Buy-offs, Mergers, Take-Overs.
WHO IS TO ATTEND:
HR Practitioners, Board members, HR and Admin Board Committee Members, CEO, Directors, Risk and Compliance Managers, Accountants and Finance managers, Auditors, Managers and those involved in people management, All Decision Makers.
DAY 1
» Termination of Employment Defined
» When is a Redundancy Situation?
» Evaluating and analysing reasons for redundancy
» Deciding between voluntary or involuntary redundancies
» Preparation of redundancy materials
» Giving of the minimum required notice period
» Use of fair selection criteria
» Check awards and agreement
» Check the redundancy package
» Calculation of entitlement to the last pay as guided by the Employment Code Act No. 3 of 2019
» A written accurate statement and Certificate of service
» The offer of time-off for counselling, training and job search service
» The offer to end their employment immediately by taking pay in lieu of notice
» Patting on a good note - Farewell to employees with respect
» Employees final pay cheque
DAY 2
» RECAP
» Types of termination
» Answer the question: Can Fixed Term Employees be declared Redundant?
» Analysis of Payment of Gratuity Vs Severance Pay per Clause
54 (Section C of the Employment Code Act No.3 of 2019
» Description of anticipated retrenchment, redundancies and rationale
» Relevant economic context to consider
» Retrenchment methods and procedures
» Management of logistics and arrangements
» A look at Legal or institutional framework
» Anticipated impact on retrenched workers and communities
» Managing and dealing with the Union is a Redundancy / Retrenchment / Merger Situation
» Compensation and any additional assistance to be provided to the retrenched worker
» Monitoring and Compliance of retrenchment/ Redundancy process
» Calculation of retrenchment compensation
» Supporting documentations of retrenchment
» Termination of contracts
» Termination due to redundancies Specific Approaches
» Counselling and guidance
» Q & A
PARTICIPANT’S ASSESSMENT
Participants will be assessed by our experienced and expert
Facilitators for attained knowledge and application of the training before certificates are presented.
CERTIFICATION CRITERIA
The following certificate can be obtained:
Certificate of Attendance: To obtain a certificate of competence, participants are required to attend the full workshop and to complete the assessments as required by the Facilitators in order to earn the allocated 16 CPD Points.
