Operational requirement restructures
Restructures are unsettling for everyone — especially when the reasons are financial. The process is not highly technical, but it has many moving parts that must be handled correctly, because a restructure done badly can land your business at the CCMA. I guide employers through operational-requirement restructures and retrenchments from beginning to end.
Restructures
Restructures are a deeply unsettling process for employees and employers alike, especially if the reasons for the changes are financial. These processes are not overly technical, but they have a lot of moving parts that are important to do correctly.
How I will help
Having managed a multitude of operational restructures for a variety of reasons, I can guide you through the process from beginning to end to ensure that you remain on track.
Why it matters?
Any employee that does not believe the process was conducted in good faith or correctly can approach the CCMA and query it. The legal ramifications of an incorrectly conducted process could be financially burdensome on your business.
Common questions
What makes a retrenchment fair in South Africa?
Broadly, a genuine operational reason (substantive fairness) plus proper consultation and fair, objective selection (procedural fairness). Both must be present.
Can employees challenge a retrenchment at the CCMA?
Yes. An employee who believes the process was unfair can refer a dispute — which is why correct procedure matters from the outset.
How early should I involve a specialist?
As early as possible — ideally before any consultation begins — so the process is structured correctly from day one.
