LABOUR RELATIONS ACT:LABOUR RELATIONS ACT:

PRESENTATION TO PRESENTATION TO PARLIAMENTARY PARLIAMENTARY

PORTFOLIO COMMITTEEPORTFOLIO COMMITTEE

Who is covered byWho is covered bythe Act?the Act?

Almost all employers and employees, jobseekers and former Almost all employers and employees, jobseekers and former employees.employees.

The Act does not apply to members of the National Defence The Act does not apply to members of the National Defence Force, the National Intelligence Agency and the South African Force, the National Intelligence Agency and the South African Secret Service. Secret Service.

Presumption of who is an employeePresumption of who is an employee

These factors are whether or not a person is an employee:These factors are whether or not a person is an employee:

falls under the control or direction of the employer;falls under the control or direction of the employer;

works hours which are subject to the control of another person;works hours which are subject to the control of another person;

forms part of an organisation;forms part of an organisation;

has worked for another person for an average of at least 40 hours per has worked for another person for an average of at least 40 hours per month over the last 3 months;month over the last 3 months;

is economically dependant on the employer;is economically dependant on the employer;

is provided with tools of trade or equipment; or only works for one is provided with tools of trade or equipment; or only works for one employer.employer.

Organisations of Employers and Organisations of Employers and EmployeesEmployees

Strong organisations are essential for effective collective bargaining. Strong organisations are essential for effective collective bargaining. The Act supports and protects trade unions and employers’ The Act supports and protects trade unions and employers’ organisations organisations

The LRA attempts to strengthen trade union organisation in two The LRA attempts to strengthen trade union organisation in two ways:ways:

- by supporting freedom of association rights which enable - by supporting freedom of association rights which enable employees and jobseekers to participate freely in union activities; employees and jobseekers to participate freely in union activities; andand

- by supporting organisational rights which make it easier for unions by supporting organisational rights which make it easier for unions to organise employees.to organise employees.

The LRA also supports the right of employers to join together to The LRA also supports the right of employers to join together to form employers’ organisations form employers’ organisations

Registration of employers’ organisationsRegistration of employers’ organisationsand unionsand unions

Employers’ organisations and unions do not have to register with Employers’ organisations and unions do not have to register with the Department of Labour, but they are advised to do so. the Department of Labour, but they are advised to do so.

If they do not register, there is no guarantee for members that If they do not register, there is no guarantee for members that there will be a proper constitution or control over finances.there will be a proper constitution or control over finances.

Registration provides some check on abuse, corruption and Registration provides some check on abuse, corruption and unconstitutional practices, such as racism. Registration also unconstitutional practices, such as racism. Registration also affects the rights of unionsaffects the rights of unions

Requirements for registration Requirements for registration there must be provision in the constitution for a ballot of members before a there must be provision in the constitution for a ballot of members before a

strike or lock-out is called; andstrike or lock-out is called; and there must not be any provision in the constitution that discriminates on the there must not be any provision in the constitution that discriminates on the

grounds of race or sex. grounds of race or sex. a trade union wishing to register must also be independent a trade union wishing to register must also be independent A number of founding members who attend the inaugural meeting(s) A number of founding members who attend the inaugural meeting(s)

and complete signed registers indicating their names and places of and complete signed registers indicating their names and places of workwork

The means by which the constitution of the trade union was drafted The means by which the constitution of the trade union was drafted and adoptedand adopted

Election of an executive committee or council of members and the Election of an executive committee or council of members and the election of office bearers election of office bearers

Membership of a trade unionMembership of a trade union LRA does not create any threshold for membershipLRA does not create any threshold for membership

The size of membership may be an indication that a trade union is not a genuine trade The size of membership may be an indication that a trade union is not a genuine trade union, however declining membership does not indicate a trade union is non-genuineunion, however declining membership does not indicate a trade union is non-genuine

The fact that a trade union has not sought to gain a critical mass of members in any The fact that a trade union has not sought to gain a critical mass of members in any particular workplace or bargaining unit that would allow it to gain organisational rights particular workplace or bargaining unit that would allow it to gain organisational rights may be an indication of a non-genuine trade unionmay be an indication of a non-genuine trade union

To regulate relations between employees and employers a trade union must recruit To regulate relations between employees and employers a trade union must recruit members. The fact that a significant number of employees become members after members. The fact that a significant number of employees become members after termination of their employment is an indication that the trade union is not genuinetermination of their employment is an indication that the trade union is not genuine

LRA does not create any threshold for membershipLRA does not create any threshold for membership

The size of membership may be an indication that a trade union is not a genuine trade The size of membership may be an indication that a trade union is not a genuine trade union, however declining membership does not indicate trade union is non-genuineunion, however declining membership does not indicate trade union is non-genuine

Principles for genuinenessPrinciples for genuineness

Independent from employer(s): (is not direct or indirect Independent from employer(s): (is not direct or indirect control of any employer or employers’ organisation(s) and control of any employer or employers’ organisation(s) and is free from their interference or influence) is free from their interference or influence)

Association of employees: (establish and ensure effective Association of employees: (establish and ensure effective functioning of branches; hold meetings; elect shop-functioning of branches; hold meetings; elect shop-stewards or workplace representatives and office bearers)stewards or workplace representatives and office bearers)

Association not for gain: (unrealistic high salaries and Association not for gain: (unrealistic high salaries and allowance; interest free loans or no interest loans and loans allowance; interest free loans or no interest loans and loans are not paid; income is not used for benefit of organisation are not paid; income is not used for benefit of organisation and its members)and its members)

Rights of registered unionsRights of registered unions

Registered unions have more rights than unregistered ones Registered unions have more rights than unregistered ones under the LRA. Some of the important rights of registered under the LRA. Some of the important rights of registered unions are:unions are:

- organisational rights awarded by the Commission for organisational rights awarded by the Commission for Conciliation, Mediation and Arbitration (CCMA);Conciliation, Mediation and Arbitration (CCMA);

- a right to be a member of a bargaining or statutory council, a right to be a member of a bargaining or statutory council, subject to the admission requirements of the council;subject to the admission requirements of the council;

- a right to enter into agency and closed shop agreements;a right to enter into agency and closed shop agreements;

- a right to establish workplace forums; and a right to conclude - a right to establish workplace forums; and a right to conclude collective agreements as defined under the Act.collective agreements as defined under the Act.

Winding-up and cancellation ofWinding-up and cancellation ofregistrationregistration

If a trade union or employers’ organisation is unable to If a trade union or employers’ organisation is unable to continue functioning, it may be wound up by the continue functioning, it may be wound up by the Labour Court on the application of the registrar of Labour Court on the application of the registrar of labour relations or any member of the trade union or labour relations or any member of the trade union or employers’ organisation. employers’ organisation.

A trade union or employers’ organisation may also A trade union or employers’ organisation may also resolve to wind up its affairs, and it may apply to the resolve to wind up its affairs, and it may apply to the Labour Court to give effect to that resolution.Labour Court to give effect to that resolution.

OrganisationalOrganisationalrightsrights

The Act provides for the following organisational rights: The Act provides for the following organisational rights: Trade union access to a workplace. This includes the right of Trade union access to a workplace. This includes the right of

unions to:unions to:- enter an employer’s premises to recruit or meet members;enter an employer’s premises to recruit or meet members;- hold meetings with employees outside their working hours at - hold meetings with employees outside their working hours at

the employer’s premises; andthe employer’s premises; and- conduct elections or ballots among its members on union - conduct elections or ballots among its members on union

matters.matters. Deductions from employees’ wages of trade union Deductions from employees’ wages of trade union

subscriptions by the employer for the trade union (stop-order subscriptions by the employer for the trade union (stop-order facilities).facilities).

Enter into agency shop and close shop agreementsEnter into agency shop and close shop agreements

Centralised collectiveCentralised collectivebargainingbargaining

Centralised collective bargaining occurs when Centralised collective bargaining occurs when employers in a sector get together and bargain employers in a sector get together and bargain with one or more unions representing the with one or more unions representing the employees of those employers. employees of those employers.

Centralised collective bargaining can also Centralised collective bargaining can also occur at the level of a group of companies or at occur at the level of a group of companies or at the national or regional level of a company the national or regional level of a company

How does the Act promote How does the Act promote centralisedcentralised

collective bargaining collective bargaining The Act provides for three options:The Act provides for three options:

Collective agreementsCollective agreements

Bargaining Councils Bargaining Councils

Statutory councilsStatutory councils

Establishment of a bargaining councilEstablishment of a bargaining council

It could be determined by factors such as:It could be determined by factors such as:

- the degree of union and employer organisation in the - the degree of union and employer organisation in the sector and area of the proposed council;sector and area of the proposed council;

- the nature of the sector;- the nature of the sector;

- the number of employees employed by members of the - the number of employees employed by members of the employers’organisation; and employers’organisation; and

- the ability of the unions and employers’ organisations - the ability of the unions and employers’ organisations to represent the different interests of employers and to represent the different interests of employers and employees to be covered by the proposed council.employees to be covered by the proposed council.

Workplace forumsWorkplace forums

The general functions of workplace forums are:The general functions of workplace forums are: to promote the interests of all employees in the to promote the interests of all employees in the

workplace -not only of trade union members;workplace -not only of trade union members; to enhance efficiency in the workplace;to enhance efficiency in the workplace; to be consulted by the employer on certain to be consulted by the employer on certain

matters; andmatters; and to participate in joint decision-making on other to participate in joint decision-making on other

matters. matters.

Matters for consultationMatters for consultation restructuring the workplace;restructuring the workplace; changes in the organisation of work;changes in the organisation of work; partial or total plant closures;partial or total plant closures; mergers and transfers of ownership;mergers and transfers of ownership; dismissal of employees for operational reasons;dismissal of employees for operational reasons; exemptions from any collective agreement or law;exemptions from any collective agreement or law; job grading;job grading; criteria for merit increases and bonuses;criteria for merit increases and bonuses; education and training;education and training; product development plans; andproduct development plans; and export promotion.export promotion.

Matters for joint decision-makingMatters for joint decision-making

disciplinary codes and procedures;disciplinary codes and procedures; workplace rules not relating to employees’ workplace rules not relating to employees’

conduct;conduct; affirmative action measures; andaffirmative action measures; and rules regulating social benefit schemes (such rules regulating social benefit schemes (such

as provident funds or housing) where these are as provident funds or housing) where these are controlled by the employer:controlled by the employer:

Issues on which employees could Issues on which employees could strikestrike

wage increases; and a demand to establish or join wage increases; and a demand to establish or join a bargaining council; a bargaining council;

a demand to recognise a union as a collective a demand to recognise a union as a collective bargaining agent; and a demand for bargaining agent; and a demand for organisational rights; organisational rights;

a demand to suspend or negotiate unilateral a demand to suspend or negotiate unilateral changes to working conditions; and changes to working conditions; and

an unprotected lock-out an unprotected lock-out

Protected strikeProtected strike

The issue in dispute must be referred in writing to the CCMA or to a The issue in dispute must be referred in writing to the CCMA or to a bargaining councilbargaining council

The CCMA or council must try to settle the dispute by conciliation The CCMA or council must try to settle the dispute by conciliation within 30 days;within 30 days;

If this fails, the CCMA or council must issue a certificate saying that If this fails, the CCMA or council must issue a certificate saying that the dispute has not been resolved; and the dispute has not been resolved; and

At least 48 hours notice in writing of the proposed strike must be given At least 48 hours notice in writing of the proposed strike must be given to the employer, or seven days if the state is the employer to the employer, or seven days if the state is the employer

The employees may then strike.The employees may then strike. It is not necessary to hold a ballot to make the strike protected, unless it It is not necessary to hold a ballot to make the strike protected, unless it

is required by the union’s constitutionis required by the union’s constitution

Situations when procedures in the Situations when procedures in the LRA for aLRA for a

protected strike do not have to be protected strike do not have to be followedfollowed

the parties to the dispute are members of a council the parties to the dispute are members of a council and the dispute has been dealt with by that council in and the dispute has been dealt with by that council in accordance with its constitution;accordance with its constitution;

the strike conforms with the procedures in a the strike conforms with the procedures in a collective agreement;collective agreement;

the strike is in response to an unprocedural lock-out; the strike is in response to an unprocedural lock-out; oror

the employer intends unilaterally to change the the employer intends unilaterally to change the employees’ employment conditions, or has changed employees’ employment conditions, or has changed them, and refuses to change them back again within them, and refuses to change them back again within 48 hours of a written request to do so.48 hours of a written request to do so.

Limitations on strikesLimitations on strikes a collective agreement prohibits a strike in respect of the issue in dispute;a collective agreement prohibits a strike in respect of the issue in dispute; an agreement requires that the issue in dispute be referred to arbitration;an agreement requires that the issue in dispute be referred to arbitration; the issue in dispute is one that the Act says may be referred to arbitration the issue in dispute is one that the Act says may be referred to arbitration

or to the Labour Court;or to the Labour Court; the parties are bound by an arbitration award or collective agreement thatthe parties are bound by an arbitration award or collective agreement that regulates the issue in dispute;regulates the issue in dispute; the parties are bound by a sectoral determination that regulates the issue in the parties are bound by a sectoral determination that regulates the issue in

dispute and the determination is less than one year old;dispute and the determination is less than one year old; the parties are engaged in an essential service (see below); orthe parties are engaged in an essential service (see below); or the parties are engaged in a maintenance service the parties are engaged in a maintenance service

Compensation for loss attributable Compensation for loss attributable to ato a

strike or lock-outstrike or lock-outAn employer or employees can claim compensation from the An employer or employees can claim compensation from the

Labour Court if they suffer any loss as a result of an unprotected Labour Court if they suffer any loss as a result of an unprotected strike or lock-out or as a result of any conduct connected to the strike or lock-out or as a result of any conduct connected to the strike or lock-out that does not comply with the Act. The strike or lock-out that does not comply with the Act. The Labour Court will consider:Labour Court will consider:

what attempts were made by the parties to comply with the what attempts were made by the parties to comply with the provisions of the LRA;provisions of the LRA;

whether the strike or lock-out was premeditated;whether the strike or lock-out was premeditated; whether the strike or lock-out was in response to unjustified whether the strike or lock-out was in response to unjustified

conduct by another party to the dispute;conduct by another party to the dispute; the duration of the strike or lock-out; andthe duration of the strike or lock-out; and the financial position of the employer, trade union or the financial position of the employer, trade union or

employees.employees.

CODE OF GOOD PRACTICE ON CODE OF GOOD PRACTICE ON PICKETINGPICKETING

It is intended to be a guide to those who may be contemplating, organising or It is intended to be a guide to those who may be contemplating, organising or taking part in a picket and for those who as taking part in a picket and for those who as employers or employees employers or employees or or members of the general public that may be affected by itmembers of the general public that may be affected by it

The Constitution recognises the right to assemble, to demonstrate, to picket The Constitution recognises the right to assemble, to demonstrate, to picket and to present petitions. This constitutional right can only be exercised and to present petitions. This constitutional right can only be exercised peacefully and unarmed peacefully and unarmed

Does not impose any legal obligations and the failure to observe it does not by Does not impose any legal obligations and the failure to observe it does not by itself render anyone liable in any proceedingsitself render anyone liable in any proceedings

Conduct in the picketConduct in the picket Must be authorised by a registered Must be authorised by a registered trade union;trade union;

Only members and supporters of the Only members and supporters of the trade union trade union may participate in the may participate in the picket;picket;

Must be to peacefully demonstrate in support of any protected Must be to peacefully demonstrate in support of any protected strike strike or in or in opposition to any opposition to any lock-out;lock-out;

It may only be held in a public place outside the premises of the employer It may only be held in a public place outside the premises of the employer or, with the permission of the employer, inside its premises. or, with the permission of the employer, inside its premises.

The permission of the employer is subject to overrule by the CCMA, if such The permission of the employer is subject to overrule by the CCMA, if such permission is unreasonably denied.permission is unreasonably denied.

Picketing rulesPicketing rules When they negotiate an agreement on picketing rules the following factors should When they negotiate an agreement on picketing rules the following factors should

be considered:be considered:

- the nature of the authorisation and its service upon the employer;the nature of the authorisation and its service upon the employer;

- the notice of the commencement of the picket including the place, time and the the notice of the commencement of the picket including the place, time and the extent of the picket;extent of the picket;

- the nature of the conduct in the picket and the number of picketers and their the nature of the conduct in the picket and the number of picketers and their location;location;

- the modes of communication between marshals and employers and any other the modes of communication between marshals and employers and any other relevant parties;relevant parties;

- access to the employers premises for purposes other than picketing e.g. access to access to the employers premises for purposes other than picketing e.g. access to toilets, the use of telephones, etc;toilets, the use of telephones, etc;

Pickets on the employer’s premisesPickets on the employer’s premises

Factors that determine whether the decision of the employer to withhold the Factors that determine whether the decision of the employer to withhold the permission is reasonable are:permission is reasonable are:

- the nature of the workplace e.g. a shop, a factory, a mine etc;the nature of the workplace e.g. a shop, a factory, a mine etc;

- the particular situation of the workplace e.g. distance from place to which the particular situation of the workplace e.g. distance from place to which public has access, living accommodation situated on employer premises, etc;public has access, living accommodation situated on employer premises, etc;

- the number of employees taking part in the picket inside the employer’s the number of employees taking part in the picket inside the employer’s premises, the areas designated for the picket and time and duration of the premises, the areas designated for the picket and time and duration of the picket;picket;

- the proposed movement of persons participating in the picket and the proposals - the proposed movement of persons participating in the picket and the proposals by the trade union to exercise control over the picket and the conduct of the by the trade union to exercise control over the picket and the conduct of the picketers.picketers.

In relation to dispute resolutionIn relation to dispute resolution Requiring disputes to go through a phase of Requiring disputes to go through a phase of

conciliation, with trained conciliators, where the conciliation, with trained conciliators, where the parties are encouraged, with the assistance of an parties are encouraged, with the assistance of an outside, skilled conciliator, to settle the disputeoutside, skilled conciliator, to settle the dispute

    Empowering bargaining councils to resolve their Empowering bargaining councils to resolve their own disputes and those of non-parties if they have own disputes and those of non-parties if they have been accredited by the CCMA;been accredited by the CCMA;

  Setting up the Labour Court and Labour Appeal Setting up the Labour Court and Labour Appeal Court as specialist labour courts.Court as specialist labour courts.

Dispute resolution (continues) Dispute resolution (continues) Con/arbCon/arb

Unless there are objections, arbitration will follow on Unless there are objections, arbitration will follow on immediately after conciliation has failed to resolve the dispute, immediately after conciliation has failed to resolve the dispute, resulting in a ‘con-arb’ process (for dismissal and unfair resulting in a ‘con-arb’ process (for dismissal and unfair labour practice disputes).labour practice disputes).

Employers and employees will have an option to request by Employers and employees will have an option to request by mutual consent that the CCMA or a bargaining council mutual consent that the CCMA or a bargaining council appoint an arbitrator to conduct a final and binding appoint an arbitrator to conduct a final and binding disciplinary enquiry in cases relating to an employee’s conduct disciplinary enquiry in cases relating to an employee’s conduct or capacity only, thus dispensing with a conciliation and or capacity only, thus dispensing with a conciliation and arbitration process. [new S188A]arbitration process. [new S188A]

CODE OF GOOD PRACTICE: CODE OF GOOD PRACTICE: DISMISSALDISMISSAL

Guidelines for maintaining workplace disciplineGuidelines for maintaining workplace discipline

May vary in accordance with the size and specific needs of May vary in accordance with the size and specific needs of organisationsorganisations

Ensures fair and consistent disciplining of employeesEnsures fair and consistent disciplining of employees

Is corrective rather than punitive Is corrective rather than punitive

Based on procedural and substantive fairnessBased on procedural and substantive fairness

Articulates acceptable behaviour and standardArticulates acceptable behaviour and standard

DISCIPLINARY PROCEDUREDISCIPLINARY PROCEDURE Informal reprimand (employee commits first breach of the Informal reprimand (employee commits first breach of the

disciplinary code)disciplinary code)

Written warning (similar breach of disciplinary code – and written Written warning (similar breach of disciplinary code – and written warning last for six months)warning last for six months)

Serious written warning (another similar breach of disciplinary code Serious written warning (another similar breach of disciplinary code or a very serious transgression of the disciplinary code)or a very serious transgression of the disciplinary code)

Dismissal or suspension (another similar breach of disciplinary code Dismissal or suspension (another similar breach of disciplinary code after a serious warning or in the event of misconduct of very serious after a serious warning or in the event of misconduct of very serious nature) nature)

Principles of fairness in Principles of fairness in the hearingthe hearing

Procedural fairness: Inform employee of the following- nature of Procedural fairness: Inform employee of the following- nature of transgression; date, time and place of enquiry; right to an transgression; date, time and place of enquiry; right to an interpreter; right to be represented by fellow employee or union interpreter; right to be represented by fellow employee or union official; right to call witnesses & cross examination; and right to official; right to call witnesses & cross examination; and right to state one’s case and defend it state one’s case and defend it

Substantive fairness: Reasons for disciplining the employee Substantive fairness: Reasons for disciplining the employee

Guideline for misconduct dismissalGuideline for misconduct dismissal

Whether the employee contravenes a rule or standard regulating Whether the employee contravenes a rule or standard regulating conductconduct

If a rule or standard was contravened, whether or not:If a rule or standard was contravened, whether or not:- the rule was valid or reasonable - the rule was valid or reasonable - employee was aware or could reasonably be expected to have been employee was aware or could reasonably be expected to have been

aware aware - rule or standard has been applied consistently rule or standard has been applied consistently - dismissal was an appropriate sanction for contravention of the rule or dismissal was an appropriate sanction for contravention of the rule or

standardstandard

Guideline for Incapacity: Poor work Guideline for Incapacity: Poor work performanceperformance

Whether or not the employee failed to meet a performance standard; Whether or not the employee failed to meet a performance standard; andand

If the employee did not meet a required standard whether or notIf the employee did not meet a required standard whether or not- employee was aware or could reasonably be expected to have been employee was aware or could reasonably be expected to have been

aware o the required performance or standard;aware o the required performance or standard;- employee was given a fair opportunity to meet required performance employee was given a fair opportunity to meet required performance

standard; andstandard; and- dismissal was an appropriate sanction for not meeting the required dismissal was an appropriate sanction for not meeting the required

performance standardperformance standard

An employee on probation should not be dismissed unless: An employee on probation should not be dismissed unless: - there is appropriate evaluation, instruction, training, guidance or there is appropriate evaluation, instruction, training, guidance or

counselling; andcounselling; and- after a reasonable period of time for improvement the performance - after a reasonable period of time for improvement the performance

continues to be unsatisfactorycontinues to be unsatisfactory

Guidelines in a dismissal case arising Guidelines in a dismissal case arising from ill health or injuryfrom ill health or injury

Ascertain whether or not the employee is capable of performing his or Ascertain whether or not the employee is capable of performing his or her workher work

If employee is not capable:If employee is not capable:- the extent to which the employee is able to perform the workthe extent to which the employee is able to perform the work- the extent to which the employee’s work circumstances might be the extent to which the employee’s work circumstances might be

adapted to accommodate disability or where this is not possible, extent adapted to accommodate disability or where this is not possible, extent to which the employee’s duties might be adaptedto which the employee’s duties might be adapted

- the availability of any suitable alternative workthe availability of any suitable alternative work

Reasons for retrenchmentsReasons for retrenchments Economic considerations arise as a result of a decrease in production Economic considerations arise as a result of a decrease in production

and/or the demand for goods and services, accompanied by a possible and/or the demand for goods and services, accompanied by a possible large-scale increase in labour costs.large-scale increase in labour costs.

An employer may decide to relocate the organisation.An employer may decide to relocate the organisation. A specific industry or organisation may consider terminating or A specific industry or organisation may consider terminating or

changing some of its activities due to factors beyond its control, such changing some of its activities due to factors beyond its control, such as increased competition or an economic recession.as increased competition or an economic recession.

Technological development and mechanisation may require Technological development and mechanisation may require restructuring of an organisation.restructuring of an organisation.

Takeovers and mergers may require restructuring of an organisation Takeovers and mergers may require restructuring of an organisation and consequently a reduction in labour.and consequently a reduction in labour.

Dismissals based on operational Dismissals based on operational requirementsrequirements

When an employer contemplates dismissing one or more employees for reasons When an employer contemplates dismissing one or more employees for reasons based on the employer's operational requirements, the employer must consult.based on the employer's operational requirements, the employer must consult.

- any person whom the employer is required to consult in terms of a collective - any person whom the employer is required to consult in terms of a collective agreement;agreement;

- if there is no collective agreement that requires consultation, a workplace - if there is no collective agreement that requires consultation, a workplace forum, if the employees likely to be affected by the proposed dismissals are forum, if the employees likely to be affected by the proposed dismissals are employed in a workplace in respect of which there is a workplace forum;employed in a workplace in respect of which there is a workplace forum;

- if there is no workplace forum in the workplace in which the employees likely if there is no workplace forum in the workplace in which the employees likely to be affected by the proposed dismissals are employed, any registered trade to be affected by the proposed dismissals are employed, any registered trade union whose members are likely to be affected by the proposed dismissals; andunion whose members are likely to be affected by the proposed dismissals; and

- if there is no such trade union, the employees likely to be affected - if there is no such trade union, the employees likely to be affected by the proposed dismissals or their representatives nominated forby the proposed dismissals or their representatives nominated for that purposethat purpose

The consulting parties must attempt The consulting parties must attempt to reach consensus onto reach consensus on

• Appropriate measuresAppropriate measures

- to avoid the dismissals- to avoid the dismissals

- to minimise the number of dismissals- to minimise the number of dismissals

- to change the timing of the dismissals; and - to change the timing of the dismissals; and - to mitigate the adverse effects of the dismissals.to mitigate the adverse effects of the dismissals.

• The method for selecting the employees to be dismissed; and The method for selecting the employees to be dismissed; and

• The severance pay for dismissed employees.The severance pay for dismissed employees.

The employer must disclose in writingThe employer must disclose in writing

the reasons for the proposed dismissals;the reasons for the proposed dismissals;

the alternatives that the employer considered before proposing the the alternatives that the employer considered before proposing the dismissals, and the reasons for rejecting each of those alternatives;dismissals, and the reasons for rejecting each of those alternatives;

the number of employees likely to be affected and the job categories in the number of employees likely to be affected and the job categories in which they are employed;which they are employed;

the proposed method for selecting which employees to dismiss;the proposed method for selecting which employees to dismiss;

The employer must disclose in writing The employer must disclose in writing (continues)(continues)

the time when, or the period during which, the dismissals are likely to the time when, or the period during which, the dismissals are likely to take effect;take effect;

(f) the severance pay proposed;(f) the severance pay proposed;

(g) any assistance that the employer proposes to offer to the employees (g) any assistance that the employer proposes to offer to the employees likely to be dismissed; andlikely to be dismissed; and

(h) the possibility of the future re-employment of the employees who are (h) the possibility of the future re-employment of the employees who are dismissed.dismissed.

Disclosure of informationDisclosure of information The employer must allow the other consulting party an opportunity during The employer must allow the other consulting party an opportunity during

consulting party and, if the employer does not agree with them, the employer consulting party and, if the employer does not agree with them, the employer must state the reasons for disagreeingmust state the reasons for disagreeing

The employer must select the employees to be dismissed according to selection The employer must select the employees to be dismissed according to selection criteriacriteria

- that have been agreed to by the consulting - that have been agreed to by the consulting parties; orparties; or- if no criteria have been agreed to, criteria that are fair and objective- if no criteria have been agreed to, criteria that are fair and objective

ENDEND

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