The selection criteria to be used in dismissals for operational requirements: A comparative analysis between South Africa, Germany and United Kingdom

Abstract

The Labour Relations Act 66 of 1995 (LRA) makes provision for dismissal of employees based on an employer’s operational requirements (also known as retrenchments). The employer needs to meet both the substantive and procedural requirements. Substantively, the reason for retrenchment must be connected to the economical, technological, structural or similar needs of the business. Procedurally, when the employer contemplates retrenchment, it has to engage with the party as directed in s 189(1) in a meaningful joint consensus-seeking process on the topics listed under s 189(2) and (3). One of the topics that the parties must consult on, and which forms the focus of this study, is the criteria to be used to select the employee(s) who will be retrenched.