Retrenching employees in stages to circumvent section 189A of the LRA - NUMSA v Continental Tyre (as yet unreported - Labour Court 2005) : case

Extracted from text ... CASES/VONNISSE 791 RETRENCHING EMPLOYEES IN STAGES TO CIRCUMVENT SECTION 189A OF THE LRA NUMSA v Continental Tyre (as yet unreported - Labour Court 2005) 1 Introduction As a result of pressure from the trade union movement to reconsider the policy norms governing retrenchments, significant amendments, both procedural and substantive, were made to the retrenchment provisions in the Labour Relations Act, 1995 ("the LRA") in 2002. A new section (s 189A) was introduced which provides that where a potential retrenchment involves at least 10 employees where an employer employs has more than 50 employees such employees acquire the right to ..