genuine, not procedural
Consultation must start before decisions are made. We draft the Section 189(3) notice, run the consensus-seeking meetings, answer employee proposals and document everything for Labour Court scrutiny.
fair, documented, and defensible
Selection criteria must be fair and objective — LIFO, skills retention, or a combination agreed in consultation. We test every alternative and record why each is or is not viable.
when disputes arise
If employees refer unfair dismissal disputes to the CCMA or take your process on review to the Labour Court, we prepare the evidence, present your case and brief counsel. Our admitted attorney principal carries legal authority.
Disclose fully — reasons, financials, alternatives considered, selection criteria, timing, severance calculations
Allow enough time — 4-8 weeks minimum; Section 189A requires 60 days
Seek consensus on selection criteria — LIFO or skills-based, and always fair and objective
Document everything — attendance registers, minutes, proposals, and reasons for rejecting alternatives
Consider facilitation — appoint a CCMA or private facilitator for large-scale or contentious retrenchments
Section 189(3) notices that do not predetermine the outcome
Fair, defensible selection criteria developed through consultation
Correct severance pay calculations, including all benefits
Documented responses to every employee representation
Protection from unfair dismissal claims, reinstatement orders and back pay
Employers in Gauteng and across South Africa contemplating retrenchment lawfully
Companies in financial difficulty that must first test alternatives
Employers restructuring, closing departments or relocating functions
Businesses with unionised workforces and bargaining council obligations
Private schools with declining enrolment reducing educator numbers
Employers already mid-retrenchment with a weak consultation record
Consultation is a legal requirement, not a formality — Section 189 makes it a joint consensus-seeking process aimed at avoiding dismissals, minimising numbers, changing timing and softening the effects.
Consultation must start BEFORE you decide — The duty is triggered when you contemplate retrenchment. A Section 189(3) notice that reads like a done deal already makes the process unfair.
Explore alternatives and record why they fail — Consider every viable alternative before forcing dismissals. "No alternatives exist" without evidence will not hold up.
Employees must get a real chance to propose alternatives — Consultation means weighing employee and union proposals and answering them with reasons, not dismissing them out of hand.
We run the whole process, including the hard parts — From the Section 189(3) notice to difficult meetings and union proposals, the consultation stays genuine and documented.
Legal firepower when challenged — Our specialist labour law attorney network defends your record in Labour Court reviews attacking the consultation or the alternatives assessment.
operational requirements dismissals.
Section 189 governs individual and small-scale retrenchments: a genuine joint consensus-seeking process, started before decisions are made, with full disclosure. Section 189A covers large-scale retrenchments — 10 or more employees at an employer of 50 or more — with a minimum 60-day consultation period.
substantive fairness requirements.
The 2025 Code requires operational requirements dismissals to be substantively fair. Courts ask not only whether you consulted, but whether the consultation was meaningful and alternatives seriously explored. Failure can produce a reinstatement order.
Book a free consultation and find out exactly where your business stands — no commitment, no pressure.