COVID-19: Retrenchments in the Digital Age

Section 189 and 189A of The Labour Relations Act 66 of 1995 (“LRA”) sets out the procedural requirements which employers must fulfil, when terminating contracts of employment for operational reasons. One of the procedural requirements, is that an employer must consult.

Because of the stringent regulations implemented by the Government in response to the Covid-19 pandemic, employers are holding these retrenchment consultations on online platforms such as, Skype, Zoom, Microsoft Teams, and WhatsApp.